DR. RAJENDRA PRASAD:
CORRESPONDENCE AND SELECT DOCUMENTS
DR. RAJENDRA PRASAD
DR. RAJENDRA PRASAD:
CORRESPONDENCE AND SELECT
DOCUMENTS
Volume Eleven
(4 January 1949 to 24 January 1950)
Edited by
VALM1K1 CHOUDHARY
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First Published: 1988
© Dr. Rajendra Prasad Vichar Sansthan, 1988
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PREFACE
I have great pleasure to present the eleventh volume of Dr. Rajendra Prasad:
Correspondence and Select Documents. The volume includes letters, documents
and notes pertaining to the year 1 949. This year witnessed the setting of the sun of
British imperialism upon this country. Although on 15 August 1947 the British
power had withdrawn from India handing over power to a National
Government, the Constitution of independent India as a Republic was finally
passed by the Constituent Assembly in this year, and, with effect from 26
January 1950, India became a “Sovereign Democratic Republic”.
The Constituent Assembly functioned from 9 December 1946 to 24 January
1950 in the Central Hall of Parliament House, and it is in this Hall that the
President of India addresses the joint sittings of both Houses of Parliament. The
chair, which was specially designed for the President of the Constituent
Assembly, is now an exhibit of historical importance.
The Constituent Assembly when it began to function was saddled with a
number of difficulties, including the controversy over the representation of the
Muslims, and the problem concerning the then rulers of the Princely States.
Under these circumstances. Dr. Rajendra Prasad was elected the President of
the Constituent Assembly. Now, the question arises, why was Dr. Rajendra
Prasad chosen for this august office? A perusal of the letters and notes written by
him as also by other national leaders, which have been included in this volume,
will provide an answer to this question. Whenever the national leadership faced a
difficult situation, they found that Dr. Rajendra Prasad was endowed with the
rare ability to handle a situation deftly, however intractable it may be, because on
the one hand he was a legal luminary, and on the other he commanded great
respect from all. Besides, the great responsibility of shaping and formulating a
Constitution which can stand the test of time, could only be entrusted to a person
like Dr. Rajendra Prasad, who, with his qualities of head and heart, was found to
be eminently suitable for the office. During the period Dr. Rajendra Prasad was
President of the Constituent Assembly, he gave a number of rulings which are of
historical and national importance. These are a special feature of this
volume.
Dr. Rajendra Prasad had the pervading influence and capability not only to
guide the august House but also to win everyone over. Dr. S. Radhakrishnan and
Sir Gopalaswami Ayyangar, both members of the Constituent Assembly, have
expressed their appreciation of Dr. Rajendra Prasad on the occasion of his
election as the President of the Constituent Assembly in glowing terms.
In his speech Dr. Radhakrishnan said:
VI
Preface
The Mahabharata says:
Mrduna darunam hand, mrduna hand adarunam
nasadhyam mrduna kinchit tasmat dksnataram hi mrduth.
(Gentleness can overcome the hardest things; it can overcome the softest
things. There is nothing impossible to be overcome by gentleness, and
therefore the sharpest weapon we have is gentleness.)
Softness, gentleness — that is the greatest weapon which will wear out the
highest kind of opposition. We have not been true to it. We have betrayed
and done wrong to millions of our own fellow beings. It is now time for us
to make atonement for all our past guilt. It is not a question of justice or
charity, it is atonement — that is how I would put it.
In Dr. Rajendra Prasad we have one who embodies this spirit of
gentleness. ( Cheers .) He is the soul of goodness, he has great patience and
courage, he has suffered. It is not an accident that this year which marks the
sixtieth year of the Indian National Congress, is also the year of the
opening of the Constituent Assembly. We have to remember with gratitude
all those great souls who worked and suffered for the freedom of this
country, for the dawn of this day. Thousands died, more thousands
suffered privation, imprisonment, and exile, and it is their suffering that
has cemented and built up this great edifice of the Indian National
Congress. {Hear, hear.) We have to remember them all. Rajendra Prasad is
the suffering servant of India, of the Congress, who incarnates the spirit for
which this country stands. I only hope that this spirit of amity, concord and
harmony, which has come down to us from the image of Siva in the Indus
civilisation down to Mahatma Gandhi and Dr. Rajendra Prasad, will
inspire our efforts.
Sir N. Gopalaswami Ayyangar eulogised Dr. Rajendra Prasad in the following
words:
Mr. Chairman, I desire to add my small tribute to Dr. Rajendra Prasad
who has been elected unanimously by this Assembly as the permanent
Chairman. My tribute, I dare say, will sound prosaic after the eloquence of
my friend Sir S. Radhakrishnan, one of the foremost Indian orators in the
English language.
Dr. Rajendra Prasad’s election is a supreme mark of the unstinted
confidence that this Assembly and the country as a whole repose in him. It
is not so much an honour to him; he is really honouring us by accepting the
invitation that we have extended to him. {Cheers.) We have therefore really
to felicitate ourselves on his allowing himself to be persuaded to take the
Chair of this Assembly as permanent Chairman.
Dr. Rajendra Prasad is taking over a very onerous responsibility. His life
has been a life of dedication, — dedication to the service of the country. It
has been consecrated by unique sacrifice. It is unnecessary for me to speak
Preface
Vll
of his great erudition, deep scholarship, wide knowledge of men and
affairs,— qualities which fit him eminently for the task in which he will have
need for requisitioning all this equipment in the solution of the many
baffling and intricate problems that are sure to confront him. I have known
him in person and have come into contact with him personally only during
the last few days. That has made me regret that 1 had not known him earlier
and more intimately than 1 do. But I have known about him, I had read
about him, and during the few days that I have since seen of him, 1 have
seen enough to realise that, while all his great qualities of brain and his
knowledge have commanded and will continue to command the respect
and admiration of his countrymen, what really has established and will
maintain the unique hold he has on the affections of his countrymen,
irrespective of community, class and creed, are his great human qualities. „
His innate courtesy, for instance, the manner of his approach to problems,
which manner almost compellingly disarms in controversy people inclined
to develop temper or heat, the soft word that turneth away wrath — these
will be inestimable assets in contributing to the success of the task that he
has so willingly, perhaps after some reluctance, taken upon himself.
With his election to the Chairmanship, the Constituent Assembly may be
said to have really started on its fateful career. Before it accomplishes its
full task, it is bound to be confronted by situations and difficulties which
will try the capacity even of so uniquely equipped a person as Dr. Rajendra
Prasad. He will no doubt, and we have every confidence that he will,
conquer them all. He will of course maintain the dignity and prestige of this
Assembly and the privileges of its members — that goes without saying.
Dr. Rajendra Prasad’s election as the President of the Constituent Assembly
was of greater significance than his election, subsequently, as the first President
of India. On being elected as the President of the Constituent Assembly, Dr.
Rajendra Prasad expressed his feelings in the following words: “If I say that I feel
overwhelmed with the burden you have placed on my shoulders by entrusting me
with this most important duty, by electing me for this high rank, you have
bestowed upon me an honour which is the highest honour for an Indian.”
During his Presidentship of the Constituent Assembly, Dr. Rajendra Prasad
offered to resign from that august office, mostly on health ground, and the last
time he did so was in 1949. Earlier, on the intervention of Jawaharlal Nehru,
Gandhiji dissuaded him from resigning. Because of his total faith in.Gandhiji’s
wisdom, he did not press the matter further. Towards the end of 1948, Rajendra
Prasad was not keeping good health. Therefore, he felt that it was not fair for him
to continue as President of the Constituent Assembly and expressed his desire to
be relieved of his office. Jawaharlal Nehru was not averse to Rajendra Babu’s
wish. Nehru even selected Rajendra Babu’s successor as is evidentfrom his letter
dated 19 November 1948 to Sardar Patel. The top Adviser of the Constituent
Assembly, Sir B.N. Rau, was however reluctant to lose Dr. Rajendra Prasad as
Preface
viii
may be seen from his letter to Dr. Prasad dated 4 January 1949.
Dr. Rajendra Prasad kept up the dignity of the Constituent Assembly as a
sovereign body and did not allow any interference from any quarter in the
functioning of the Assembly. The following episode will illustrate the point.
There arose an occasion in 1949 when the Cabinet Secretariat summoned the
Constituent Assembly (Legislative) for transacting legislative business. Dr.
Prasad protested and wrote the following note to the Cabinet Secretary:
Pilani (Rajasthan Union)
23rd September 1949
My dear Ienger,
May I draw your attention to an announcement purporting to have been
issued by the Cabinet Secretariat which has been published in The
Statesman which has reached me here this morning? It is to the effect: “The
Government with the approval of the Speaker have decided to call an
emergent session of the Constituent Assembly (Legislative) on Wednesday,
October 5, to consider the question of devaluation of the rupee and
important consequences following from it. The Assembly will meet at 1 1
, a.m. on that date.” Under the Constitution neither the Government nor the
Speaker nor both jointly are entitled to call a meeting of the C.A.
(Legislative). The C.A. (Legislative) is summoned and prorogued under
the orders of the President of the Constituent Assembly under the
Constitution as it stands. So far as the meeting of the fifth is concerned, I
was approached by the Deputy Secretary of the C.A. (Legislative) with a
request that I should approve the calling of the meeting on the 5th for
purposes mentioned in the announcement and I gave the necessary
approval. So in actual fact the meeting has been convened strictly in terms
of the Constitution but the announcement of the Cabinet Secretariat is not
correct in terms of the Constitution. The mistake is possibly due to the
ignorance of the real constitutional position. Although it has made no
practical difference in the present case, it is desirable that the law and the
constitution should be strictly adhered to both in spirit and letter and the
announcement seems to me to offend against constitutional propriety.
Yours sincerely,
Rajendra Prasad
The Cabinet Secretary sent a letter of apology:
New Delhi
28th September 1949
Dear Dr. Rajendra Prasadji,
My attention has been drawn by H.V.R. Jengar to the announcement on
Preface
IX
behalf of the Cabinet Secretariat regarding the calling of an emergent
session of the Constituent Assembly (Legislative) on Wednesday, 5th
October, to consider the question of devaluation of the rupee and
important consequences following from it and to the fact that the
announcement offends against constitutional propriety inasmuch as a
meeting of the Constituent Assembly whether legislative or constitution-
making can be called only with the permission of the President of the
Constituent Assembly and not otherwise. I hasten to apologise for the
mistake which was entirely dtie to ignorance on my part of the real
constitutional position. The Cabinet decision to convene a session of the
Constituent Assembly (Legislative) was arrived at in the evening and my
instructions were to announce that such a session would be held after
obtaining the approval of the Speaker. Not knowing the constitutional
position properly, I thought that the concurrence of the Speaker was
sufficient for the purpose and that after obtaining his concurrence I could
make the announcement. I do hope you would kindly accept the above
explanation.
With my personal regards.
Yours sincerely,
Dharma Vira
In reply Dr. Rajendra Prasad wrote to the Cabinet Secretary:
1 Queen Victoria Road
New Delhi
5 October 1949
My dear Shri Dharma Vira,
This is to thank you for your letter No. 170/CF/49 dated 28th
September 1949. When I came to know from the Press that an
announcement had been made regarding the holding of the sitting of the
Constituent Assembly (Legislative), I did realise that it was by mistake and
so 1 wrote to Iengar to contact you so that you may regularise it. There is
nothing to worry about it.
Yours sincerely,
Rajendra Prasad
Dr. Rajendra Prasad maintained that the Election Commission should be kept
separate from and independent of the party in power. This will be clear from his
letter of 19 February 1949 to the Prime Minister, Pandit Jawaharlal Nehru (see
page 37 of the present volume).
The wisdom and foresight of Dr. Rajendra Prasad can be gauged from his
suggestion in the form of a letter dated 25 March 1949, addressed to the then
Minister for Railways and Transport, SirGopalaswami Ayyangar, appearing on
page 47 of this volume. The letter suggested that construction of a road bridge on
X
Preface
the Ganga in Patna costing three or four crores of rupees be taken up in hand at
that time. The suggestion was ignored but the construction thereof in 1980 cost
the exchequer twenty times more, apart from the hardships faced by the public
for a period of over 20 years.
As regards the date on which the Constitution should come into force, Pandit
Jawaharlal Nehru’s view was that it should be after the elections were over(letter
No. 91, dated 24th May 1949). In reply, Dr. Prasad expressed the view that it
should come into effect before the General Elections and immediately after the
passing of the Constitution (letter No. 108, dated 3rd June 1949).
From the same letter and the reply thereto, one can find the viewpoints of the
two leaders in connection with the Hindi version of the Constitution at that time.
This volume also contains sensitive and interesting correspondence between
the topmost leaders of the country at the time, namely, Sardar Vallabhbhai
Patel, Jawaharlal Nehru, C. Rajagopalachari and Dr. Rajcndra Prasad,
regarding the election of the provisional President of India (see letters Nos. 1 14,
118, 175 to 179, 181, 206, 209 and 213). The correspondence also shows the
amiable manner in which the differences of opinion among the leaders were
settled with dignity and decorum.
The task of framing the Constitution was over on 24 January 1950. On that
momentous day. Dr. Rajendra Prasad addressed the Constituent Assembly in
the following words:
I recognise the solemnity of this occasion. We have after a long struggle
reached one stage, and now another stage begins. It has been your kindness
to place on me a very heavy responsibility. 1 have always held that the time
for congratulation is not when a man is appointed to an office, but when he
retires, and I would like to wait until the moment comes when I have to lay
down the office which you have conferred on me to see whether 1 have
deserved the confidence and the goodwill which have been showered on me
from all sides and by all friends alike. When 1 sit listening to laudatory
speeches, — and although I have tried to cut that down to some extent, here
also I have had to submit to it to a certain extent, — I am reminded of a story
in the Maha Bharat, which is so full of piquant situations, and the solution
that was found by Shree Krishna, who solved all those difficult and
apparently insoluble problems which arose, was this. One of those days,
Arjuna took a vow that he would perform a certain thing before the sun set
on that day and that if he did not succeed, he would bum himself on a pyre.
He, unfortunately, did not succeed. And then the problem arose as to what
was to be done. In fulfilment of that vow, he would have to burn himself.
This, of course, was unthinkable so far as the Pandavas were concerned.
But Arjuna was adamant in his resolve. Shree Krishna solved this problem
by saying, “if you sit and praise yourself or listen to praise by others, that
would be equivalent to committing suicide and burning yourself; so you had
better submit to that and your vow will be fulfilled.” Very often 1 have
Preface
xi
listened to such speeches in that spirit. Because, 1 have felt that there are
many things which 1 am not able to fulfil, which 1 am not able to
accomplish, and the only way in which 1 can fulfil these things is to commit
that kind of suicide. But, here, I am in a somewhat different situation. When our
Prime Minister and our Deputy Prime Minister speak with emotion about
me, 1 cannot but reciprocate that kind of emotion. We have lived and
worked together for more than quarter of a century and in the closest
association we have fought. We have never faltered; we have jointly
succeeded also. And now that 1 am placed in one chair and they are
occupying other chairs side by side, and there are other friends whose
association I value equally well who will be sitting by their side to help and
assist me and when I know that 1 have the goodwill of all the members of
this House and of a very large circle of friends outside this House, I feel
confident that the duties which have been imposed upon me will be
discharged to their satisfaction: not because 1 can do that, but because the
joint efforts of all will enable the duties to be so performed.
The country today is facing very many problems and my feeling is that
the kind of work which we have now to do is different from that which we
used to do two years ago. It requires greater devotion, greater care, greater
application and greater sacrifice. I can only hope that the country will
throw up men and women who will be able to take up the burden and fulfil
the highest aspirations of our people. May God give us strength to do that.
While compiling this volume and going through the contents of the letters, it
struck me that these are not only important, but also interesting. The letters
constitute a wealth of material for-historians and for students of political science.
I shall be obliged if those who persue the volumes send me their impressions
about them. This will greatly encourage me.
. 1 wish to place on record my thanks to Dr. Hari Dev Sharma and Shri M.L.
Dwivedi for their advice and to the National Archives of India for their help in
verifying the records.
The arrangement of the correspondence and other documents in the volume
follows the pattern of the preceding volumes. Correspondence — Part I includes
letters written by or written to Dr. Rajendra Prasad, while Correspondence-
Part II contains letters exchanged between others; copies of which were sent to
him for information, advice and action. Other miscellaneous documents of
contemporary importance have been given in the Appendices.
9 November 1988 VALM1K1 C HOUDHARY
Dipawali
A/ 119 Pandara Road
New Delhi-3
CONTENTS
Preface
CORRESPONDENCE— PART 1
v
1. From Sir B.N. Rau
2. To Dr. Syama Prasad Mookerjee
3. From Dr. H.C. Mookerjee
4. From Vallabhbhai Patel
5. To Dr. H.C. Mookerjee
6. To Sir B.N. Rau
7. From H.M. Patel
8. To Vallabhbhai Patel
9. From Rev. J. D’Souza S.J.
10. To H.M. Patel
11. From Dr. H.C. Mookerjee
12. From Ram Subhag Singh
13. From Frances Standenath
14. To Sir Datar Singh
15. From K. Santhanam
16. From Dr. H.C. Mookerjee
17. To Dr. H.C. Mookerjee
18. To Sir B.N. Rau
19. To Dr. H.C. Mookerjee
20. To K. Santhanam
21. From Jawaharlal Nehru
22. From Dr. Syama Prasad Mookerjee
23. To Jawaharlal Nehru
24. To Dr. Syama Prasad Mookerjee
25. To Sir N. Gopalaswami Ayyangar
26. To K. Santhanam
27. From Sir B.N. Rau
28. From S. Ramachandran
29. To Jairamdas Doulatram
30. To Jairamdas Doulatram
31. To Jairamdas Doulatram
32. To Dr. M.A. Rauf
33. To Vallabhbhai Patel
4 January 1949
3
4 January 1949
3
5 January 1949
4
6 January 1949
5
7 January 1949
6
7 January 1949
6
7 January 1949
7
8 January 1949
7
8 January 1949
9
9 January 1949
9
10 January 1949
10
10 January 1949
11
11 January 1949
12
11 January 1949
13
11 January 1949
13
11 January 1949
14
13 January 1949
15
15 January 1949
15
15 January 1949
16
15 January 1949
16
16 January 1949
16
17 January 1949
17
19 January 1949
18
19 January 1949
18
20 January 1949
19
20 January 1949
19
21 January 1949
20
24 January 1949
20
25 January 1949
25
26 January 1949
26
27 January 1949
27
29 January 1949
28
30 January 1949
28
xiv
Contents
34. To K.C. Neogy
4 February 1949
29
35. To S. Ramachandran
4 February 1949
29
36. To N.V. Gadgil
4 February 1949
30
37. To Rafi Ahmed Kidwai
4 February 1949
31
38. From Sir Datar Singh
4 February 1949
32
39. To Dr. Syama Prasad Mookerjee
4 February 1949
33
40. From H.S.L. Polak
5 February 1949
34
41. To Vallabhbhai Patel
7 February 1949
35
42. From H.M. Patel
11 February 1949
35
43. From K.C. Neogy
14 February 1949
36
44. To Jawaharlal Nehru
19 February 1949
37
45. To R.R. Diwakar
20 February 1949
38
46. To H.S.L. Polak
21 February 1949
39
47. To Dr. John Matthai
22 February 1949
39
48. From Dr. M.A. Rauf
25 February 1949
40
49. From Willy Begert
8 March 1949
41
50. To Dr. Tara Chand
10 March 1949
42
51. From Hon. Joint Secretary, Ceylon
12 March 1949
42
Indian Congress
52. To V.K. Krishna Menon, B.R. Sen,
12 March 1949
43
and J.J. Singh
53. From Sir Datar Singh
13 March 1949
44
54. To M.H. Polak
22 March 1949
45
55. To H.S.L. Polak
22 March 1949
46
56. From Dr. Tara Chand
24 March 1949
46
57. To Sir N. Gopalaswami Ayyangar
25 March 1949
47
58. From K. Santhanam
27 March 1949
47
59. From Dr. Syama Prasad Mookerjee
30 March 1949
48
60. To Frances Standenath
6 April 1949
49
61. To K. Santhanam
8 April 1949
50
62. To Willy Begert
18 April 1949
50
63. To Mohanlal Saksena
18 April 1949
51
64. To Sudhir Ghosh
18 April 1949
52
65. From Sir N. Gopalaswami Ayyangar
20 April 1949
53
66. From B.N. Bhardwaj
20 April 1949
54
67. From Mohanlal Saksena
21 April 1949
54
68. From Sir N. Gopalaswami Ayyangar
27 April 1949
55
69. From K. Santhanam
28 April 1949
56
70. From Sudhir Ghosh
4 May 1949
57
71. To SirN. Gopalaswami Ayyangar
5 May 1949
57
72. To Hiranand Karamchand
8 May 1949
58
73. To Mohanlal Saksena
8 May 1949
58
74. To Rafi Ahmed Kidwai
8 May 1949
59
75. From H.S.L. Polak
8 May 1949
59
Contents
xv
76. From Mohanlal Saksena
11/12 May 1949
60
77. To N.V. Gadgil
13 May 1949
61
78. To Mohanlal Saksena
13 May 1949
61
79. From Dr. Syama Prasad Mookerjee
13/14 May 1949
62
80. To Rafi Ahmed Kidwai
14 May 1949
64
81. From Mohd. Noman
16 May 1949
64
82. To Dr. Syama Prasad Mookerjee
17 May 1949
65
83. To Dr. Syama Prasad Mookerjee
17 May 1949
66
84. To Baldev Singh
19 May 1949
67
85. From Dr. Syama Prasad Mookerjee
19 May 1949
68 '
86. To Mohd. Noman
19 May 1949
68
87- From Shri Ram
20 May 1949
69
88. From C.N. Chandra
21 May 1949
70
89. From Willy Begert
21 May 1949
71
90. From E.C. Donoghue
23 May 1949
71
91. From Jawaharlal Nehru
24 May 1949
72
92. To Rajkumari Amrit Kaur
24 May 1949
74
93. To H.S.L. Polak
25 May 1949
74
94. From J.J. Singh
27 May 1949
75
95. From Bhuwaneshwari Prasad Sinha
28 May 1949
76
96. To K.C. Neogy
28 May 1949
77
97. To Mohanlal Saksena
28 May 1949
78
98. To Baron Allard
28 May 1949
78
99. To Dr. B.R. Ambedkar
28 May 1949
79
100. From Foreign Secretary, Ministry of
External Affairs
29 May 1949
79
101. From Frances Standenath
30 May 1949
80
102. From H.V.R. Iengar
31 May 1949
80
103. From H.V.R. Iengar
31 May 1949
81
104. From Louis Fischer
1 June 1949
81
105. To H.V.R. Iengar
2 June 1949
82
106. From S.D. Bailey
2 June 1949
83
107. From H.S.L. Polak
2 June 1949
83
108. To Jawaharlal Nehru
3 June 1949
84
109. From Jawaharlal Nehru
5 June 1949
86
1 10. From Vishva Bandhu Shastri
7 June 1949
87
111. From K. Santhanam
7 June 1949
89
112. From Mohanlal Saksena
8 June 1949
90
113. To the General Secretary, Natal Indian
Congress
10 June 1949
90
1 14. To Vallabhbhai Patel
1 1 June 1949
91
115. To Mohanlal Saksena
13 June 1949
92
116. To Louis Fischer
13 June 1949
92
117. To Dr. N.K. Menon
13 June 1949
95
xvi
Contents
118. From Vallabhbhai Patel
14 June 1949
96
119. To S.D. Bailey
15 June 1949
96
120. To H.M. Patel
17 June 1949
97
121. To Dr. John Matthai
17 June 1949
98
122. From K.C. Neogy
18 June 1949
98
123. From Mohanlal Saksena
18 June 1949
99
124. To Vishva Bandhu Shastri
19 June 1949
101
125. To Dr. Tara Chand
19 June 1949
101
126. To Dr. Syama Prasad Mookerjee
19 June 1949
102
127. To K. Santhanam
19 June 1949
102
128. From Dr. John Matthai
20 June 1949
103
129. From Dr. John Matthai
20 June 1949
104
130. To N.V. Gadgil
22 June 1949
104
131. To Jairamdas Doulatram
23 June 1949
105
132. From Brahmachari Rajkrishna
23 June 1949
106
133. To Abul Kalam Azad
24 June 1949
106
134. From B. Malik
25 June 1949
107
135. From N.V. Gadgil
25 June 1949
111
136. From Jairamdas Doulatram
26 June 1949
111
137. From S.D. Bailey
27 June 1949
113
138. To Jawaharlal Nehru
30 June 1949
113
139. To B. Malik
30 June 1949
114
140. To Jairamdas Doulatram
30 June 1949
114
141. To Sir N. Gopalaswami Ayyangar
30 June 1949
115
142. From Jawaharlal Nehru
1 July 1949
116
143. To H.M. Patel
2 July 1949
117
144. To Brahmachari Rajkrishna
4 July 1949
117
145. To S.D. Bailey
4 July 1949
118
146. From Sir N. Gopalaswami Ayyangar
5 July 1949
118
147. To Frances Standenath
5 July 1949
119
148. To Sir B.N. Rau
6 July 1949
119
149. To Sir N. Gopalaswami Ayyangar
6 July 1949
120
150. From Sir B.N. Rau
8 July 1949
121
151. From S.S. Ramasubban
8 July 1949.
121
152. From S. Dutt
9 July 1949
122
153. From Humayun Kabir
11/13 July 1949
125
154. From H.M. Patel
13 July 1949
126
155. From H.M. Patel
13 July 1949
126
156. From Rameshwari Nehru
15 July 1949
127
157. From B.A. Ubani
25 July 1949
131
158. To Sir N. Gopalaswami Ayyangar
1 August 1949
132
159. To Sir N. Gopalaswami Ayyangar
I August 1949
133
160. From Rafi Ahmed Kidwai
2 August 1949
134
161. From Pryns Hopkins
3 August 1949
136
Contents
162. From H.V.R. Iengar
163. From the temporary staff of the
Constituent Assembly of India
164. From Mohanlal Saksena
165. From Sir N. Gopalaswami Ayyangar
166. To H.V.R. Iengar
167. To V.P. Menon
168. From V. Narahari Rao
169. To V.T. Krishnamachari
170. From V.P. Menon
171. To Jawaharlal Nehru
172. From Jawaharlal Nehru
173. From V.P. Menon
174. From Dr. Tara Chand
175. From Jawaharlal Nehru
176. To Vallabhbhai Patel
177. From Jawaharlal Nehru
178. To Vallabhbhai Patel
179. From Vallabhbhai Patel
180. From Shri Ram
181. To Vallabhbhai Patel
182. To S.N. Mookerji
183. From Sudhir Ghosh
184. From G.V. Mavalankar
185. To the Cabinet Secretary
186. To G.V. Mavalankar
187. To S.N. Mookerji
188. To H.V.R. Iengar
189. To H.S.L. Polak
190. From Dharma Vira
191. From Rup Chand
192. To Dr. Tara Chand
193. To Dharma Vira
194. To Sri Krishna Sinha
195. From Ram Saran Upadhyay
96. From Mohanlal Saksena
• From Ram Saran Upadhyay
,198. From Sita Ram
199. From K. Santhanam
200. To N.V. Gadgil
201. From Dr. Tara Chand
202. To Dr. Tara Chand
203. From R.R. Diwakar .
204. From Dr. Tara Chand
XVII
3 August 1949 _ .
137
4 August 1949
137
4 August 1949
143
4 August 1949
144
8 August 1949
145
8 August 1949
145
9 August 1949
146
14 August 1949
147
17 August 1949
147
29 August 1949
148
31 August 1949
149
8/9 September 1949
150
10 September 1949
151
10 September 1949
152
11 September 1949
153
11 September 1949
155
16 September 1949
157
16 September 1949
157
17 September 1949
160
19 September 1949
160
20 September 1949
162
21 September 1949
164
21 September 1949
165
23 September 1949
166
23 September 1949
167
23 September 1949
169
23 September 1949
169
26 September 1949
28 September 1949
170
in
29 September 1949
29 September 1949
5 October 1949
20 October 1949
27 October 1949
27 October 1949
29 October 1949
8 November 1949
II November 1949
13 November 1949
17 November 1949
21 November 1949
25 November 1949
25 November 1949
172
173
174
174
175
178
179
179
180
181
181
182
182
183
xviii
Contents
205. From Dr. N.V. Thadani
25 November 1949
184
206. From Jawaharlal Nehru
8 December 1949
185
207. From Dr. P.V. Sukhatma
9 December 1949
189
208. To Sir B.N. Rau
10 December 1949
189
209. To Vallabhbhai Patel
12 December 1949
190
210. To H.V.R. Iengar
15 December 1949
192
211. From Y.K. Puri
15 December 1949
193
212. To Jairamdas Doulatram
17 December 1949
193
213. From Vallabhbhai Patel
18 December 1949
195
214. To Rafi Ahmed Kidwai
18 December 1949
195
215. To Dr. Syama Prasad Mookerjee
18 December 1949
. 196
216. From Jairamdas Doulatram
20 December 1949
197
217. From Ajit Singh
22 December 1949
197
218. From Rafi Ahmed Kidwai
22 December 1949
198
219. From P.B. Chandwani
24 December 1949
199
220. To Abul Kalam Azad
24 December 1949
200
221. To P.N. Thapar
24/26 December 1949
200
222. To Dr. Syama Prasad Mookerjee
26 December 1949
202
223. From Lai C. Verman
5 January 1950
203
224. From Anand Mangal Misra
7 January 1950
204
225. From Dr. Bisheshwar Prasad
11 January 1950
205
226. To Dr. Tara Chand
11 January 1950
207
227. From Dr. Sachchidananda Sinha
13 January 1950
207
228. From Dr. Bisheshwar Prasad
20 January 1950
208
229. To Kala Venkata Rao
21 January 1950
209
230. From Kala Venkata Rao
24 January 1950
209
CORRESPONDENCE—
PART II
1,. From Louis Fischer to Vallabhbhai Patel
2 February 1949
221
2. 'From Vallabhbhai Patel to Louis Fischer
9 February 1949
221
3. From P.R. Das to Jawaharlal Nehru
11 February 1949
222
4. From Brajeshwar Prasad to Vallabhbhai
14 February 1949
230
Patel
5. From Vallabhbhai Patel to Brajeshwar
15 February 1949
230
Prasad
6. From J.J. Singh to the Editor, the New
2 March 1949
231
York Times
7. From Jawaharlal Nehru to P.R. Das
5 March 1949
233
8. From Jairamdas Doulatram to Members
7 March 1949
234
of the Constituent Assembly of India
'
9. From N.L. Das Gupta to the Private Secre-
30 March 1949
236
tary to Dr. Rajendra Prasad
10. From Baron Allard to Gandhi Memorial
2 April 1949
237
Fund
Contents
xix
1 1. From Chakradhar Sharanto the Secretary,
Railway Board
3 April 1949
237
12. From Ramdas M. Gandhi to C. Raja-
gopalachari
1 May 1949
238
13. From Chakradhar Sharan to Rafi Ahmed
Kidwai
18 May 1949
239
14. From Syama Prasad Mookerjee to Dr.
J.C. Kumarappa
19 May 1949
239
15. From C. Rajagopalachari to Vallabhbhai
Patel
26 May 1949
240
16. From Nathuram V. Godse to Ramdas
M. Gandhi
3 June 1949
241
17. From Vallabhbhai Patel to C. Rajagopala-
chari
6 June 1949
242
18. From C. Rajagopalachari to Vallabhbhai
Patel
6 June 1949
243
19. From C. Rajagopalachari to Vallabhbhai
Patel
7 June 1949
244
20. From Rajkumar to Chakradhar Sharan
7 June 1949
245
21. From Vallabhbhai Patel to C. Rajagopala-
chari
9 June 1949
246
22. From Ramdas M. Gandhi to Jawaharlal
Nehru
13 June 1949
246
23. From Jawaharlal Nehru to Vallabhbhai
Patel
13 June 1949
248
24. From C. Rajagopalachari to Vallabhbhai
Patel,
13 June 1949
248
25. From S. Krishnamurti to V. Shankar
14 June 1949
249
26. From Vallabhbhai Patel to Jawaharlal
Nehru
16 June 1949
250
27. From Vallabhbhai Patel to Jawaharlal
Nehru
16 June 1949
250
28. From Nathuram V. Godse to Ramdas
M. Gandhi
24 June 1949
251
29. From N.V. Gadgil to Vallabhbhai Patel
26 June 1949
251
30. From Ramdas M. Gandhi to Jawaharlal
Nehru
26/29 June 1949
257
31. From C. Rajagopalachari to Vallabhbhai
Patel
28 June 1949
258
32. From C. Rajagopalachari to Vallabhbhai
Patel
1 July 1949
260
33. From V. Shankar to Satyanarayan Sinha
2 July 1949
261
34. From C. Rajagopalachari to Kishorlal
Mashruwala
2 July 1949
261
XX
Contents
35. From C. Rajagopalachari to Vallabhbhai 3 July 1949 262
Patel
36. From Vallabhbhai Patel to C. Rajagopa- 4 July 1949 262
lachari
37. From C. Rajagopalachari to Vallabhbhai 5 July 1949 263
Patel
38. From Satyanarayan Sinha to all Members 16 July 1949 264
of the Constituent Assembly of India
(Legislative)
39. From A.P. Singh to Vallabhbhai Patel 7 August 1949 264
40. From Vallabhbhai Patel to Sri Krishna 12 August 1949 265
Sinha
41. From Vallabhbhai Patel to K.M. Munshi 19 August 1949 266
42. From S.N. Mehta to V.P. Menon 22 August 1949 268
43. From Jawaharlal Nehru to Vallabhbhai 11 September 1949 268
Patel
44. From Jawaharlal Nehru to Vallabhbhai 14 September 1949 270
Patel
45. From Jawaharlal Nehru to Vallabhbhai 15 September 1949 272
Patel
46. From Vallabhbhai Patel to Jawaharlal 21 September 1949 274
Nehru
47. From C. Rajagopalachari to Vallabhbhai 24 September 1949 276
Patel
48. From Vallabhbhai Patel to C. Rajagopala- 27 September 1949 277
chari
49. From Sri Krishna Sinha to Vallabhbhai 15 October 1949 277
Patel
50. From Vallabhbhai Patel to Sri Krishna 24 October 1949 280
Sinha
51. From C. Rajagopalachari to Vallabhbhai 24 October 1949 281
Patel
52. From C. Rajagopalachari to Vallabhbhai 24 October 1949 282
Patel
53. From J.N. Prasad to Chakradhar Sharan 4 November 1949 282
54. From C. Rajagopalachari to Vallabhbhai 6 November 1949 286
Patel
55. From' Sri Krishna Sinha to Kala Venkata 8 November 1949 286
Rao
56. From C. Rajagopalachari to Vallabhbhai 13 November 1949 289
Patel
57. From K.P.N. Nair to J. Choudhry 14 November 1949 289
58. From C. Rajagopalachari to Vallabhbhai 19 November 1949 290
Patel
Contents
xxi
59. From Chakradhar Sharan to Dr. B.V. 21 November 1949 291
Keskar
60. From R.C. Sinha to Chakradhar Sharan 16 December 1949 291
61 . From Basanta Kumar Das to Vallabhbhai 25 December 1949 292
Patel
62 . From Vallabhbhai Patel to Basanta Kumar 27 December 1949 293
Das
63. From Dr. P.V. Cherian to Major A.T. 3 January 1950 294
George
64 . From Sudhir Ghosh to Chakradhar Sharan 4/5 January 1950 294
65. From Chakradhar Sharan to the Director, 15 January 1950 297
Publications Division, Government of
India
66. From Kala Venkata Rao to all Members 22 January 1950 333
of the A.I.C.C.
APPENDICES
1. A letter dated 13 January 1949 from Dr. Rajendra Prasad to 339
Jagjivan Ram
2. Extracts from a Government of India file 339
3. A note dated 27 February 1949 from Dr. Rajendra Prasad to the 343
Secretary, Constituent Assembly
4. A letter dated 29 April 1949 from Vijayalakshmi Pandit to Dr. 344
Rajendra Prasad
5. A letter dated 2 June 1949 from Ramji Prasad Verma to Dr. 344
Rajendra Prasad
6. A letter dated 12 June 1949 from Shiv Chandika to Dr. Rajendra 345
Prasad
7. A letter dated 12 June 1949 from Dr. Rajendra Prasad to Ramji 346
Prasad Verma
8. A letter dated 5 July 1949 from Madalsa Aggarwal to Dr. Rajendra 346
Prasad
9. A note dated 28 August 1949 from Dr. Rajendra Prasad to 348
S.N. Mukherjee
10. A letter dated 2 September 1949 from Mahamaya to Dr. Rajendra 349
Prasad
1 1. A note dated 5 September 1949 from Dr. Rajendra Prasad to the 350
Secretary, Constituent Assembly of India
12. A letter dated 20 September 1949 from Badrinath Varma to 351
Chakradhar Sharan
13. A letter dated 30 September 1949 from Chakradhar Sharan to 352
Krishna Ballabh Sahay
XXII
Contents
14. A note dated 14 October 1949 from Dr. Rajendra Prasad to the 353
Deputy Secretary, Constituent Assembly of India
15. A note dated 6 November 1949 from Dr. Rajendra Prasad to the 353
Secretary, Constituent Assembly of India
16. A note dated 7 November 1949 from Dr. Rajendra Prasad to the 354
Secretary, Constituent Assembly of India
17. A note dated 7 November 1949 from Dr. Rajendra Prasad to the 355
Secretary, Constituent Assembly of India
18. A letter dated 10 November 1949 from Abul Kalam Azad to Dr. 357
Rajendra Prasad
19. A letter dated 1 1 November 1949 from Dr. Rajendra Prasad to 357
Abul Kalam Azad
20. A letter dated 21 November 1949 from Ram Bachan Lai to Dr. 358
Rajendra Prasad
21. A letter dated 22 November 1949 from Jaglal Choudhary to Dr. 359
Rajendra Prasad
22. A letter dated 23 November 1949 from Chakradhar Sharan to 359
Anugrah Narayan Sinha
23. A letter dated 28 November 1949 from Chakradhar Sharan to 360
Sri Krishna Sinha
24. A letter dated 2 December 1949 from Chakradhar Sharan to Sri 361
Krishna Sinha
25. A letter dated 12 December 1949 from Anugrah Narayan Sinha to 361
Chakradhar Sharan
26. A note by Jugal Kishore Khanna, dated 16 December 1949 362
27. A letter dated 17 December 1949 from Chakradhar Sharan to 363
Anugrah Narayan Sinha
28. Agenda for a meeting of the Bharatiya Itihas Parishad 364
29. Agenda for the ninth meeting of the Faridabad Development 364
Board
30. Speech by Dr. Rajendra Prasad at the Third Annual Convocation 365
of the University of Saugar held on 16 January 1950
31. Draft resolution submitted by Gulzarilal Nanda on T9 January 371
1950 regarding the setting up of a Statutory Planning Commission
32. A note by Gulzarilal Nanda, dated 19 January 1950, on Planning 373
Commission
33. A note by Shankarrao Deo on economic policy 374
34. A note by Shankarrao Deo on abolition of zamindari 382
35. A note by Shankarrao Deo on Congress organisation 387
36. A note by Kala Venkata Rao on the working of the Congress 389
constitution
37. A note on the preparation of the Hindi version of the Constitution 402
of India
Index
405
CORRESPONDENCE
PARTI
1. From Sir B.N. Rau
CONSTITUENT ASSEMBLY
4 January 1949
My dear Dr. Rajendra Prasad,
1 was sorry to hear from Chakradhar yesterday that you had a relapse after I
left Wardha and that you were feeling very unhappy at your inability to resume
work. 1 am most anxioii$ that you should not worry on this account: the major
portion of the Constitution still remains to be passed and as the hot weather here
suits you, I have no doubt that you will be in your place to seethe work through.
You started the work and it is only right that you should, if possible, be present at
its close; for myself, I feel certain that it is possible. Please, therefore, do not think
of resigning at this stage.
The session is due to close on the 8th January, so that there are only a few more
days left and the Vice-President will be able to manage.
I hope 1949 will prove a happier year for us all than 1948 and that it will bring
you in particular better health and more peace of mind.
With kindest regards and all good wishes,
Yours sincerely,
B.N. Rau
Constitutional Adviser
2. To Dr. Syama Prasad Mookerjee
Bajajwadi, Wardha
4 January 1949
My dear Dr. Syama Prasad,
The Committee I had appointed in connection with evolving a standard in tne
Hindi typewriters and allied matters has now practically completed the matters
so far as the typewriter is concerned and I am expecting its report at an early date.
I understand that the Committee will recommend a special keyboard which will
be different from any existing keyboard and will be found to be more convenient
and capable of giving a higher speed. The Committee’s report will be taken
accepting the recommendation. As the Government is going to be the biggest
consumer of the new type of typewriters, 1 should like the Government to come to
an early decision so that manufacturers might start manufacturing the
typewriters with the proposed keyboard. Two questions have arisen which require
consideration and also assistance from your Department. The new keyboard can
with some alterations and additions be fitted to an existing typewriter and it
would be possible to convert the existing ones at a reasonable cost. But before the
4
Dr. Rajendra Prasad:
keyboard is finally adopted by the Government, it is necessary to submit it to a
practical test to see whether the expectations formed of it are fulfilled and for this
purpose about half a dozen typewriters with the keyboard have to.be prepared.
This can easily be done in any factory which is handling typewriters either for
assembling purposes or for repairs and the Committee could get that done but it
fears that by asking any private manufacturer to convert an existing typewriter
advantage would be gained by the particular manufacturer as he will be in
possession of the new keyboard long before any other manufacturer knows
anything about it and keep himself in readiness to produce the new typewriter as
soon as the Government adopts recommendations of the Committee. This will
be unfair to other manufacturers and may also have the effect of creating
monopoly, at any rate for some time, in favour of a particular manufacturer. So
it has been suggested to me that it will be best to keep this work of getting aboyt
half a dozen machines converted in some Government factory which will be
considered suitable foi handling this kind of work. If there is no such factoiy
under your Department, perhaps the Defence Department might have. I should
like to know if you could get this done either in your Department or in the
Defence Department.
It has also been suggested that the Government should get the particular
keyboard patented before publishing it so that no manufacturer could
manufacture it without Government’s permission. This would prevent undue
advantage being taken by any particular manufacturer and if the Government
feel inclined, it might also encourage Indian manufacturers. In the second place
the Government should also charge a certain royalty. This royalty is not intended
to bring revenue to the Government for general purposes but research in this
connection and allied matters like Hindi teleprinters etc.
Kaka Kalelkar, the Chairman of the Committee, might see you when he goes to
Delhi within the next week or so. But in the meantime I shall be obliged if you
could make necessary enquiries so that early action may be taken.
Yours sincerely,
Rajendra Prasad
The HonTDle Dr. Syama Prasad Mookerjee
Minister for Industry & Supply
Government of India, New Delhi.
3. From Dr. H. C. Mookerjee
Council House
New Delhi
My dear Dr. Rajendra Prasad, January 5, 1949
Many thanks for your letter of the 3rd January 1949. It is very distressing to
Correspondence and Select Documents
5
hear that you have had a relapse but I hope that the fever has left you by this time
and that you are recouping steadily.
I read out relevant extracts from your letter to the House this morning and the
House has authorised me to convey to you that it is their hope and wish that
you will not only recover soon but recover fully so that you will be in a position to
conduct the proceedings of the House in May next when it reassembles again.
With my own wishes and prayers for a speedy return to normal health,
Yours sincerely,
H.C. Mookeijee
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
Bajajwadi, Wardha (via Nagpur).
4. From Vallabhbhai Patel
6 January 1949
My dear Rajenbabu,
Chakradhar was here the other day and saw me. I am very sorry to find that the
improvement in the condition of your health is not as satisfactory' as we had
expected. Wardha does not seem to have done you muclxgood. It would have
been better if you had gone to Pilani instead. I had been there and found the
climate very healthy and salubrious. I would even now advise you to go there. I
feel that a prolonged period of rest there will do you a lot of good. I can also run
down some weekends, and, as for medical advice, that would be available to you
from Delhi as need arises.
You must have seen the listof Working Committee members. There was some
difficulty about Jagjivan Ram and S.K. Patil, but I took a strong line and finally,
in consultation with Jawaharlal, my view was accepted by the President. In place
of Jagjivan Ram, Dr. Pattabhi [Sitaramayya] wanted to nominate Mr.
Khandekar of C.P. on the ground that he was a Harijan and also came from the
C.P. which was unrepresented. I told him that, apart from the fact that it would
be contrary to your advice not to exclude Jagjivan Ram, the latter would be much
more useful and helpful than Khandekar. It was originally intended to exclude
[N.G.] Ranga, but I pointed out to Pattabhi that such exclusion was likely to be
misunderstood and misrepresented.
Devadas [Gandhi] came and saw me today. He proposes to arrange for an
exhibition of a few things of Bapu in a hut at Rajghat on 30 January. This would
entail an expenditure of Rs.30,000 which is likely to be recovered from admission
tickets which it is proposed to charge at 2 as. each. He would like to know if he
6
Dr. Rajendra Prasad:
could do this with your authority and in anticipation of the approval of the
Trustees. I think it would be covered by the objects of the Trust, and if you permit
this to be done, I would inform Devadas to go ahead with it.
With kindest regards,
Yours sincerely,
Vallabhbhai Patel
The Hon’ble Dr. Rajendra Prasad
Wardha.
5. To Dr. H.C. Mookerjee
Bajajwadi, Wardha
7th January 1949
My dear Dr. Mookeijee,
Many thanks for your letter dated January 5.1am much better now and I have
got over the recent trouble. I am free from temperature and cough has also
practically subsided. I am sorry I could not come but I could not help it. Y ou have
carried the burden for which I am personally deeply grateful to you and I am also
grateful to the House for the good wishes.
Yours sincerely,
Rajendra Prasad
Dr. H.C. Mookerjee
Vice-President, Constituent Assembly of India
Council House, New Delhi.
6. To Sir B.N. Rau
Bajajwadi, Wardha
7th January 1949
My dear Sir Narsingh Rau,
Many thanks for your letter dated the 4th instant.
It is true that I have been feeling very unhappy over my inability to attend the
Assembly but there was no help. I had planned for coming to Delhi but all on a
sudden 1 developed temperature and also severe cough which made it impossible
7
Correspondence and Select Documents
for me to undertake a journey. I am hoping that with the approach of the warm
season I shall improve and will be able to attend the next session in May next.
Yours sincerely,
Rajendra Prasad
Sir B.N. Rau
Constitutional Adviser
Constituent Assembly of India
New Delhi.
7. From H.M. Patel
D.O.No. 14/S/49
New Delhi
January 7, 1949
My dear Dr. Rajendra Prasad,
Please refer to your letter of the 28th December 1948 to Sardar Baldev Singh,
enclosing a statement of qualifications of one Mr. Kishanchand Rupchand
Wadhwani, an emigrant from Sind. We have no vacant post of Entitlement
Officers now, nor is a post likely to fall vacant in the near future. We have also
considered the possibility of employing him in some other post but again there is
no suitable vacancy. Mr. Wadhwani’s statement is, however, being kept with
the Joint Secretary concerned, so that, should something suitable turn up, his
name may be considered.
Yours sincerely,
H.M. Patel
The Hon’ble Dr. Rajendra Prasad
Camp: Bajajwadi, Wardha.
8. To Vallabhbhai Patel
Bajajwadi, Wardha
8 January 1949
My dear Vallabhbhai,
Many thanks for your letter dated 6th instant.
1 am thinking of coming to Delhi on the 30th and, as advised by you, to go to
8
Dr. Rajendra Prasad:
Piiani from there. I am rather anxious about the appointment of the Trustees of
the Gandhi National Memorial Fund. It seems at the last meeting a sub-
committee consisting of five of us was appointed to finalise the names of the
Trustees and I think it is necessary that I should come there and meet you all and
finally fix up the names. It will also be possible for me to attend the functions
which are being organised there on the 30th. I am now free from fever and cough
and all other complaints and if I keep like this, I hope to recover strength between
now and the 30th. By that time the rigour of the Delhi cold will also become less.
But I do not propose to stay there in Delhi for any length of time and as soon as
the immediate work of appointing the Trustees is finished I propose to
leave.
I have just seen an appeal by the Sarvodaya Divas Samiti of Delhi for
photographs and other things connected with Bapu for the exhibition which it is
proposed to have at Rajghat on 30 January. I cannot understand why this should
cost so much as Rs.30,000. They had a Gandhi Mandap at the Jaipur exhibition.
The Jaipur exhibition, although very highly spoken of by everybody, was not
successful at all from the financial point of view. With all the Congress enthusiasm
about it they were not able to get more than Rs.27,000 as gate money. This is
what Dhotre tells me. I doubt very much if a simple exhibition of photographs
would bring so much as Rs.30,000. But apart from all this, I am afraid we cannot
spend anything out of the Gandhi Memorial Fund except what is required in
connection with the collection. On this ground I have not accepted a request for
grant from the institutions at Sevagram. They are hard put to it to carry on but 1
felt that if I once started spending, there will be claims from so many institutions
that it will not be possible for me to deal with them. When Trustees are
appointed, their position will be different and they will be able to spend whatever
they think necessary. But so long as they are not appointed, I do not feel like
incurring any expenditure in anticipation of their sanction.
As you know, we had thought of closing the Fund on 30 January but I have
been approached by some people that we should keep the Fund open for some
time longer. Congressmen in particular want this as they feel that the Congress
organisation has not been mobilised and what with floods and what with other
calamities they have not been able to collect from the masses. From now to May
it is supposed to be a good season for collection and they suggest that if the Fund
is kept open for another 4 or. 5 months, it would be helpful. Rajkumari Amrit
Kaur wrote to me some months ago that the Fund should be closed and if people
are not paying we should not keep the Fund open. Her feeling was strong and she
felt that it was an insult to Bapu’s memory to bring pressure on people for this
Fund. I wrote to her that we had decided to keep it open [up] to 30 Januaiy. I
would like to know what you and Jawaharlalji feel about it. I do not know if
Congress people will show any greater enthusiasm after 30 January than they
have done in the past. I have been trying to whip up enthusiasm amongst them, at
least during this month. I am, therefore, not very keen on keepingthe Fund open
but in this matter I would like to be guided by you and Jawaharlalji. Will you
Correspondence and Select Documents
9
kindly consult him and let me know his as well as your own views in the matter? I
am writing to him also separately.
With regards,
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
9. From Rev. J. D ’Souza S.J.
Cathedral House
Alexandra Place, New Delhi
8th January 1949
Dear Sir,
I have the honour to state that work connected with the educational
institutions conducted by the Society of Jesus in South India necessitates forme
a visit to Europe in the coming months. 1 shall be absent for about three months
and hope to be back for the May session of the Constituent Assembly. I request
you as President of the Assembly to permit me to absent myself from the country
during these months, without prejudice to my membership of the Assembly.
A reply may be kindly addressed to Loyola College, Cathedral Post, Madras.
I have the honour to be,
Sir,
Your humble servant,
J. D’Souza
The President
Constituent Assembly of India.
10. To H.M. Patel
Bajajwadi, Wardha
9th January 1949
My dear Mr. Patel,
Many thanks for your D.O. No. 14/9/49 dated 7th instant.
I am sorry I have to trouble you about another matter connected with your
10
Dr. Rajendra Prasad:
Department. I cannot do better than enclosing a letter which I have received from
Dr. P.B. Mukerji. I have known Captain Mukeiji for many years. He was in
Government service in charge of the X-Ray Department of the Patna Medical
College Hospital. As he says, he used to be helpful to us and he had ultimately to
give up his job and settle down in Calcutta where he is, apart from his private
practice, in charge of the X-Ray Department of the Chittaranjan Seva Sadan
founded in memory of the late Deshbandhu C.R. Das. Ido not think it necessary
for me to add anything to what he has said and I would request you to have the
matter looked into and do what you can. I am not writing to Sardar Baldev Singh
as I have just received your letter and I feel that it would do equally well if I write
to you.
Yours sincerely,
Rajendra Prasad
Shri H.M. Patel
Secretary, Ministry of Defence
Government of India
New Delhi.
Enclosure not included.
11. From Dr. H.C. Mookerjee
16 Windsor Place
New Delhi
January 10, 1949
My dear Dr. Rajendra Prasad,
You must have learnt by this time from newspaper reports that, as the result of
the motion moved by Shri Satyanarayan Sinha, the Constituent Assembly, as
directed by you, has been adjourned to the 16th May next. The time fixed for the
meeting is 10 a.m. which I hope will meet with your approval.
In spite of many lapses on my part, the House has been very considerate as a
result of which its business has, on the whole, gone on smoothly. I am convinced
that this is mainly due to its love and respect for you and its desire that, in your
absence, it should do all it can to help me to conduct business as quickly as
possible.
Your Personal Assistant was good enough to call on me on the evening of
Saturday the 8th and informed me about the state of your health. I infer from
what I heard from him that you are worried over your absence. I wish to assure
you on behalf of the members as well as of myself that we fully realise the very
good reasons for it and that we are all eagerly looking forward to the time when
Correspondence and Select Documents
11
with the coming of summer you will regain your normal health and be with us
again.
So far as I am concerned, 1 need hardly add that you will always find me more
than willing to do what little I can to assist you in your very taxing and
responsible work.
My wife and I are now settled in the above address and shall stay on till the end
of the Budget session.
With best regards,
Yours sincerely,
H.C. Mookeijee
The Hon’ble Dr. Rajendra Prasad
Bajajwadi, Wardha, C.P.
12. From Ram Subhag Singh
School of Journalism
University of Missouri
Columbia
January 10, 1949
Respected Babu Rajendra Prasadji,
As a graduate student of journalism at the University of Missouri, Columbia,
Missouri, U.S.A., I have been trying to analyse for the past two years the
different aspects of American journalism that could best suit the Indian interests.
With this end in view, I am making a special study of American regional farm
publications and am writing my doctor’s dissertation on the same.
In contrast to India, where three-fourths of the population depends on land for
its livelihood, only a fourth of the United States’ 140 million population is
agricultural. The Department of Agriculture of the United States Federal
Government is noted for its efficiency. Its varied and valuable publications reach
farmers in great number. Yet, there are more than 430 unofficial farm papers in
this country’, and one or another of them reaches to practically every American
farm home.
Government of India’s efforts directed toward harnessing the great
watcrwcalth, reclamation of the culturable wasteland through its Central
Tractor Organisation, etc., are indeed laudable. Its farm publications, too,
occupy a very high place. But on the unofficial side there is a total dearth of any
farm publication in India.
A chapter of my dissertation will deal with the need and scope of farm papers
m India. In order to be fair to the subject, 1 deem it appropriate to be guided by
j our ripe experience of Indian conditions. I feel that your opinion on the subject
12
Dr. Rajendra Prasad:
will be of great value. Dean F.L. Mott, of the School of Journalism, joins me in
urging you to give me your views on the attached questions and on any other that
you think pertinent at your earliest convenience.
Reply by Air Mail would be greatly appreciated.
With cordial regards and Jai Hind,
Respectfully yours,
Ram Subhag Singh
Enclosure not included.
13. From Frances Standenath
Graz in Styria
Austria
1 1th January 1949
Dear Sir,
Dear Brother Rajendra Prasad!
In a few days it will be one year gone, since the holy life of our revered
Mahatmaji was extinguished as the greatest dammage (sic) for whole the world.
From all parts of our poor country Austria, which now has to face so many
difficulties and also from all parts of foreign countries I get letters and cards
asking me about the conditions of life now in India, asking how India is doing
now, but I have not a single word since Bapuji has gone into the Eternity. It’s not
in the sense of Bapuji to let me so abandoned here. Bapu himself did write me
with his own holy hands almost every month, even myself I did not venture to
write so often, not to disturb him, and often I got letters from him, asking me,
why I don’t write so long time.
These letters and also Bapuji’s sandals, slipped off his holy feet as a
remembrance, as a keep-sake, when I left the Ashram give me the strength to
struggle here for Bapuji’s idea of Non-Violence and good will between all people,
all nations.
Brother Rajendra, please, you promised me to write me about your dear land,
to write me about our beloved revered Bapuji or to send me any newspapers or
booklet, or even to order anyone to write me some words, when, probably, you
have no time.
With kindest regards and with prayer, for you and your dear country,
I remain,
Yours sincerely,
Frances Standenath
(Called by Bapuji — ‘Savitri’)
Sjt. Rajendra Prasad
Food Minister
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents 13
14. To Sir Datar Singh
Bajajwadi, Wardha
1 1th January 1949
My dear Sir Datar Singh,
I am so glad to receive your letter dated January 6 and to learn that you have
returned. I saw your picture together with Sj. Deep Narayan Sinha taken in
America in some Indian papers. I hope your mission has been quite successful.
I am sorry I could not come to Delhi on the 3rd instant as planned because just
a few days before that I got fever and cough which lasted for several days. I am
free from trouble now and may be coming to Delhi towards the end of this
month for a few days. Hope you are quite well.
Yours sincerely,
Rajendra Prasad
Sir Datar Singh
Secretary, Ministry of Agriculture
Government of India, New Delhi.
15. From K. Santhanam
New Delhi
January 11, 1949
My dear Sir,
The following news item has appeared in the News Chronicle of January 10,
1949:
NEHRU TO ADDRESS O.T. RAILWAY WORKERS
BAREILLY, Jan. 9. — The annual conference of the Oudh and Tirhut
Railwaymen’s Union will be held this year on February 14 and 15 at
Sonepur (Bihar). Dr. Rajendra Prasad will inaugurate and Pandit Nehru,
Prime Minister, will address the conference. — A.P.I.
1 do not know if this news has been put out with your consent. The moving
spirit behind the Oudh and Tirhut Railwaymen’s Union is one Mr. Bholanath
Chaudhuri about whom 1 have been warned by Srijut Satyanarayan Sinha and
others. Mr. Chaudhuri is said to be in the habit of exploiting the names of
prominent leaders for undesirable purposes. If you have been approached in
connection with any such conference, I wish to suggest that you may get a report
from the Bihar or U.P. Ministry' regarding this gentleman.
14
Dr. Rajendra Prasad:
I am informed that Pandit Nehru’s name has been used without his consent.
With high regards,
Yours sincerely,
K. Santhanam
Minister of State, Transport & Railways
Dr. Rajendra Prasad
Bajajwadi, Wardha.
16. From Dr. H.C. Mookerjee
16 Windsor Place
New Delhi
January 11, 1949
My dear Dr. Rajendra Prasad,
Your letter of the 7th was received late last evening.
I am glad to learn that you are free from temperature and that you have
practically got over your cough. My wife and I are praying to God Whom we all
worship in our different and inadequate ways, that He may be pleased to relieve
you permanently from all your ailments.
I am very grateful to you for the kind way in which you have referred to the
work 1 have done in the House.
There is one matter which I wish to mention but with considerable hesitation.
Mr. T.T. Krishnamachari, whom you probably know much better than myself,
has made valuable contributions to the work of the Constituent Assembly. On
many occasions he suggested verbal and other changes in the course of the debate
which were accepted readily by Dr. Ambedkar as improvements on the original
Draft. Generally speaking, these partook of the nature of compromises
acceptable both to members who had moved amendments as well as to the
Chairman of our Drafting Committee.
I was thinking whether in the absence of most members of the Drafting
Committee during the recent sessions, you would be prepared to consider the
desirability of nominating Mr. Krishnamachari as a member of the Committee. I
venture to think that he would be very useful there, as changes made with the
consent of members moving amendments would tend to expedite the business of
the House.
I should like to add-that this suggestion is onjny own initiative as also that
there is no reason to think that Mr. Krishnamachari would have any objection to
the nomination referred to above.
With best regards,
Yours sincerely,
H.C. Mookeijee
The Hon’ble Dr. Rajendra Prasad
Bajajwadi, Wardha (C.P.).
Correspondence and Select Documents
17. To Dr. H.C. Mookerjee
15
Bajajwadi, Wardha
13 January 1949
My dear Dr. Mookerjee,
Many thanks for your letter dated 10th January. I have seen that you have
adjourned the Assembly till 10 a.m.. May 16. That will suit me very well. I am very
much better now and if things continue as they are at present, I hope to be in
Delhi on the 30th in time to attend the function there at Rajghat. I am thankful to
you for all that you have done in my absence and 1 am grateful to the members for
the indulgence they have shown me.
I hope you are doing well with your family there.
With kind regards,
Yours sincerely,
Rajendra Prasad
Dr. H.C. Mookerjee
16 Windsor Place
New Delhi.
18. To Sir B.N. Rau
Bajajwadi, Wardha
15 January 1949
My dear Sir Narsingh Rau,
I have received a letter from Dr. Mookerjee, Vice-President of the Constituent
Assembly, He suggests that Mr. T.T. Krishnamachari may be nominated to the
Drafting Committee many members of which were not available at Committee
meetings. He says that he has proved his usefulness by suggesting many
amendments which were acceptable to Dr. Ambedkar and other members of the
House. I shall be obliged for your opinion in the matter and if you let me know if
there is a vacancy which I could fill up by nominating Shri Krishnamachari.
Yours sincerely,
Rajendra Prasad
Sir B.N. Rau
Constitutional Adviser
Constituent Assembly of India
New Delhi.
16
Dr. Rajendra Prasad:
19. To Dr. H.C. Mookerjee
Bajajwadi, Wardha
15 January 1949
My dear Dr. Mookeijee,
I have received your letter dated 1 1 th January. I am making enquiries if there is
any vacancy to which I could nominate Shri Krishnamachari on the Drafting
Committee. I shall write to you again after I have heard from Delhi.
Yours sincerely,
Rajendra Prasad
Dr. H.C. Mookerjee
16 Windsor Place
New Delhi.
20. To K. Santhanam
Bajajwadi, Wardha
15 January 1949
My dear Santhanam,
I have received your letter dated 1 1th January in which you quote the news
item from Bareilly announcing that I would inaugurate O.T. Railwaymen’s
Union at Sonepur on 14th, 15th February. I am surprised to read this because I
have not been approached and I have not given my consent.
Yours sincerely,
Rajendra Prasad
The Hon Ijle Shri K. Santhanam
State Minister for Railways
Government of India
New Delhi.
21. From Jawaharlal Nehru
New Delhi
January 16, 1949
My dear President,
Y our letter of the 1 3 th December. The Government of India wholly approve of
Correspondence and Select Documents V*
the resolution passed by the Constituent Assembly in regard to the preparation
of electoral rolls. I stated as much on behalf of the Government of India in the
course of the discussion in the Constituent Assembly.
As regards the cost of printing etc., this will have to be met by the Provincial or
State revenues or the Central revenues. I do not know exactly in what proportion
and in what manner this cost is divided. It is for the Province or State concerned
to write directly to the Government of India on this subject. I am having this
matter enquired into.
Yours sincerely,
Jawaharlal Nehru
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
Camp: Bajajwadi, Wardha.
22. From Dr. Syama Prasad Mookerjee
New Delhi
17 January 1949
My dear Dr. Rajendra Prasad,
Please refer to your D.O. letter dated 4th January 1949 regarding the
manufacture of Hindi typewriters with a special keyboard which is being
recommended by the Committee appointed by you to go into this question. I
agree that, for the purpose of carrying out a test, it would be preferable to have
about half a dozen typewriters prepared with the special keyboard in a
Government factory. There is no factory under my Ministry which could
undertake this job, but I think it would be possible to get this done in one of the
Ordnance factories under the Defence Ministry. I am taking up the matter with
them and shall write to you again.
I also agree with you that steps should be taken to get the new keyboard
patented and to charge a royalty for its use.
I am having these matters examined.
I hope you are keeping well.
Yours sincerely,
Syama Prasad Mookeijee
Minister of Industry & Supply
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
Bajajwadi, Wardha.
18
Dr. Rajendra Prasad:
23. To Jawaharlal Nehru
Camp: Bajajwadi, Wardha
19th January 1949
My dear Prime Minister,
Many thanks for your letter dated 16th instant intimating that the
Government of India wholly approve of the resolution passed by the Constituent
Assembly in regard to the preparation of the electoral roll and that the question
of cost of printing etc. is being looked into. I have taken up the question of issuing
detailed instructions regarding the preparation of the rolls and the draft electoral
rules etc. with the Constitutional Adviser and the Secretariat of the Constituent
Assembly and the matter is under active consideration.
Yours sincerely,
Rajendra Prasad
The HonTde Pandit Jawaharlal Nehru
Prime Minister of India
New Delhi.
24. To Dr. Syama Prasad Mookerjee
Bajajwadi, Wardha
19 January 1949
My dear Dr. Syama Prasad,
Many thanks for your letter dated the I7th instant regarding the manufacture
of Hindi typewriters. I shall be awaiting with interest your further
communication about the manufacture of a few typewriters in one of the
Ordnance factories of the Defence Ministry with which you have taken up the
matter.
I am all right now.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. Syama Prasad Mookcijec
Minister for Industry & Supply
Government of India
4 King Edward Road
New Delhi.
Correspondence and Select Documents
25. To Sir N. Gopalaswami Ayyangar
Bajajwadi, Wardha
20th January 1949
My dear Sir Gopalaswami,
Last year there was some difficulty about the transport of cotton from one
place to another for Khadi work and I wrote to Dr. Matthai who was good
enough to issue instructions, a printed copy of which is enclosed for your
reference. I understand from the Bihar Khadi Samiti that they are feeling the
same difficulty in moving cotton which they have purchased at Wardha to Bihar
centres. I am enclosing copies of letters which have been written by Messrs.
Bachhraj Factories Limited, through whom cotton has been purchased, to the
Railway Authorities. May I request that effective orders may be issued so that
Khadi work may not be held up from time to time on account of transport
difficulty. 1 should mention that this order should be given to all authorities
concerned in all railways.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sir N. Gopalaswami Ayyangar.
Enclosures not included.
26. To K. Santhanam
Bajajwadi, Wardha
20th January 1949
My dear Santhanam,
I am enclosing copy of a letter which I have addressed to Sir Gopalaswami
Ayyangar.* May I request that you will kindly look into the matter and see that
the matter is disposed of expeditiously and necessary orders issued.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri K. Santhanam
State Minister for Railways
Government of India
New Delhi.
*See Dr. Rajendra Prasad's letter to Sir Gopalaswami Ayyangar, dated 20 January 1949.
20
Dr. Rajendra Prasad:
27. From Sir B.N. Rau
Council House
New Delhi
January 21, 1949
My dear Dr. Rajendra Prasad,
I have received your letter of January 15, regarding the proposal to nominate
Mr. T.T. Krishnamachari to the Drafting Committee. While I agree with Dr.
Mookerjee that it may be useful to have Mr. Krishnamachari on the Committee,
I should like, if you see no objection, to consult Dr. Ambedkar also who is at
present in Bombay and is expected here about the 25th of January 1949.
There is a vacancy in the Committee caused by the death of Mr. Khaitan.
Yours sincerely,
B.N. Rau
Constitutional Adviser
The Hon’ble Dr. Rajendra Prasad
Bajajwadi, Wardha.
28. From S. Ramachandran
THE INDIAN CHAMBER OF COMMERCE, PENANG
No. 7 Union Street
Penang
24th January 1949
Jai Hind!
Conveying with very great pleasure greetings and good wishes on behalf of the
Indian Chamber of Commerce, Penang (Malaya), I have the honour to forward
herewith copies of relevent correspondence on the question of using the name
and picture of Swargastha Bapuji, as trade marks, for your information and for
taking suitable action in this behalf.
It is our genuine feeling that the name and portrait of Gandhiji should not be
allowed to be made use of except in an atmosphere of reverence and respect, and
under no circumstances for commercial purposes. We are unable to reconcile to
the use of same even in greetings and other cards intended as advertisements, and
it is our feeling that there should be a directive in the matter by the Government
of India or the Indian National Congress to stop this kind of abuse.
It is surprising that a Calcutta merchant has requested us to approve of his
Correspondence and Select Documents
21
using Mahatmaji as his trade mark, and goes to the extent of mentioning that
neither the Central nor the Provincial Government has so far objected to such
use!!
Nationalism and sense of democracy has been so confused that the average
man has lost his capacity to discriminate between right and wrong in his
conception of things. The significance of the National Flag of India has not been
fully grasped by our people (in this country) that it is proudly aloft, on the
‘Kumbha’ of the temple chariot during festivals, as well as on the occasion of the
ear-boring ceremony of the humble child of a proud son of India!! Still all
attempts are incessantly made to make people understand values and set
themselves right.
As in the case of the Flag, so also in the matter of using the name and portrait
of the Father of the Nation as a commercial symbol, there should be a distinct
directive from competent authority.
The correspondence will be self-evident, and we have the hope that you will
endorse the stand taken by us in the.light of our own conception of things, and if
you agree that we are not in the wrong it is our earnest request that you will do the
needful early enough to stop repetitions of this nature.
T he best memorial for JBapuji will be preserving the sanctity of his name and
symbolise him only in matters pertaining to the realm of the spirit and in
computing higher values!
Begging to be pardoned for venturing to place before you the foregoing, and
assuring you of the loyalty of the members of this Chamber to India, I wish you
Jai Hind.
S. Ramachandran
Secretary, Indian Chamber of Commerce
The Hon’ble Dr. Rajendra Prasad
President, Indian Constituent Assembly
New Delhi.
Enclosure 1:
(Copy of letter from the Secretary, Indian Chamber of Commerce, Penang, to
the President, Chinese Chamber of Commerce, Penang, with copy to the Chinese
Consul, Penang)
It is with deep pain that I have been directed by the Managing Committee of
this Chamber to bring to your notice the following, and I am sure you will
appreciate and respect our sentiments and see that the wrong committed will be
righted, avoiding avoidable delay and complications.
Messrs. Joo Lan Hup Kee Tobacco Coy., No. 222 Carnarvon Street, Penang,
are using the picture of Mahatma Gandhi as a Trade Mark for their cigars which
are named “Ghandi Rangoon Cigars” and his picture has been printed on
22
Dr. Rajendra Prasad:
advertisement labels, placards, etc. While some people felt revolting and wished
that these cigars should be boycotted by Indians, the Welfare Officer of the
Government of India in Penang approached the merchant and appealed to him to
withdraw these labels and this Trade Mark as it would be deemed insulting the
great man, in vain.
I do not wish to create alarm nor minimise the gravity of the reactions in the
minds of Indians. I need not tell you that Mahatmaji, as we affectionately call
him, is regarded as the Architect of India’s Destiny and the Father of Indian
Independence. That he is considered the greatest of contemporary men in the
world is an acknowledged truth. As a spiritual guide, even his political opponents
look up to his teachings. We have not yet got over the shock of January 30th.
There cannot be a greater sacrilege committed or conceived today than making
this personality, who has come in the spiritual line of Gautama, a commercial
symbol for procuring more money! — not to speak of the commodity used on!
It is therefore our desire that you will use your good offices to redeem the
wrong wittingly or unwittingly committed, without aggravating matters.
Thanks,
S. Ramachandran
Secretary
Enclosure 2:
(Copy of letter from the Secretary, Indian Chamber of Commerce, Penang, to
the Registrar of Trade Marks, Federation of Malaya, dated 8th October 1948)
Re: Mahatma Gandhi in Trade Marks.
There is a tendency of late in unthinking minds, in their anxiety to become
quickly rich, to use names and relics that just a second thought would make them
revere and pay homage to, and unwittingly trade on all things holy and
respectable, in their chase of the elusive mistress!
The picture of Mahatma Gandhi is an instance, which is favoured as the most
successful seller of commodities, especially after his assassination. A certain
Chinese Tobacco merchants who manufacture cigars have branded their cigars
“Ghandi Rangoon Cigars” and have been using his picture on their
advertisement labels and placards. They are Messrs. Joo Lan Hup Kee Tobacco
Coy. Their trade mark is a picture of Mahatma Gandhi (bust size) with folded
hands!
This Chamber has protested against this through the Chinese Chamber of
Commerce and the Chinese Consulate. In the meantime, the Managing
Committee of this Chamber has directed me to address you on the subject and to
request on behalf of this Chamber that since Mahatma Gandhi has transcended
the level of the mundane man, and is rightly regarded as the Father of our Nation,
no registration shall be made as Trade Marks, any picture of Gandhiji, on any
Correspondence and Select Documents
23
commodity, on behalf of any individual or firm, which will be regarded by the
community as an insult to the entire nation.
1 would therefore request you to kindly see that the great personality is not so
easily and cheaply defiled by being made a trade mark and means of making
money.
Thanking you,
S. Ramachandran
Enclosure 3:
(Copy of letter from the Economic Secretary to the Government of the
Federation of Malaya to the Indian Chamber of Commerce, Penang, dated 19th
October 1948)
Re: Trade Mark — Mahatma Gandhi
I am directed to refer to your letter dated 8th October 1948, and to inform you
that the trade mark under reference has never been submitted for scrutiny or
recording pending the enactment of appropriate legislation for the protection of
trade marks in the Federation of Malaya.
There being no registration of trade marks in the Federation of Malaya at
present, has caused this unfortunate use of Mahatma Gandhi’s picture.
I have today written to Messrs. Joo Lan Hup Kee of Penang in order to clarify
the position and will inform you of results achieved.
C.D. Baird
for Economic Secretary
Enclosure 4:
(Copy of letter addressed to the Economic Secretary by Mr. Soon Chee,
Advocate and Solicitor, Penang, with copy to the Indian Chamber, 9th
November 1948)
IOA Beach Street
Penang
9 November 1948
I have the honour on behalf of Messrs. Joo Lan Hup Kee Tobacco Coy. of 222
Carnarvon St., Penang, to acknowledge receipt of your letter herein of the 19th
October 1948.
I wish to state firstly that the two partners of the firm do not know English,
secondly that prior to this no one drew their attention to the article which
appeared on page 3 of the issue of The Straits Echo of 9th October 1948, entitled
Gandhi Label Objection” and thirdly that when the said article was explained to
them in Chinese, they readily agreed forthwith to cease to use the trade mark in
24
Dr. Rajendra Prasad:
question and employ instead another trade mark for the same cigars in order to
avoid giving any further unwitting offence to the Indian community in Malaya or
elsewhere either.
I have instructions also to write to the Penang Indian Chamber of Commerce
giving them the assurance of my clients to stop using the offending label now or
hereafter and that what was done was done in ignorance.
I trust in the above circumstances that the request contained in paragraphs 1
and 4 of your letter in reply for forwarding to you a specimen of the trade mark
for scrutiny and for a ruling need not now be complied with.
Soon Chee
Advocate and Solicitor
Enclosure 5:
(Copy of letter from Messrs. Jankidass Ramgopal, 48 Canning Street, Calcutta,
to the Indian Chamber of Commerce, Penang, dated 14 December 1948)
Re: Trade Mark incorporating a portrait of Gandhi
We regret indeed to learn that objection is being raised to registration of a trade
mark which incorporates a portrait of Gandhi.
We have our own trade mark which incorporates Gandhi working at the
Charkha which we wish to register in Penang.
Never in the past ten years has any objection been raised in India, nor from the
Central or Provincial Governments, to the use of such symbols as trade marks.
We therefore trust you will be so good as to grant us the necessary permission
to register the same in our favour.
Thanking you in anticipation of early action.
Jankidass Ramgopal
Enclosure 6:
(Copy of letter from the Secretary, Indian Chamber of Commerce, Penang, to
Messrs. Jankidass Ramgopal, Calcutta)
Penang
10 January 1949
Ref: Your letter of the 14th ultimo — Gandhiji in Trade Marks.
It is with great pain that I had to peruse your letter mentioned above, and to
follow your arguments. I hope you, as any other Indian, hold Gandhiji in love
and reverence, the saviour of the dignity and honour of India and Indians, and
the designer and architect of our Independence. Time was when his name was
associated with anything that needed his inspiration. Today, especially, when he is
25
Correspondence and Select Documents
at sublime REST, it is alt the more necessary that we should preserve the sanctity
of his name and memory and you will agree that making his name or his emblem
as a means for procuring cheap money is tantamount to sacrilege, and we will be
dishonouring one who lived and died to save our honour. The fact of your having
used him as your trade mark for some years now, or that the Provincial or
Central Government did not stop you from doing it, is no argument to justify
what at the moment should be considered morally wrong and does not become
the beneficiaries of his sacrifice.
It is therefore regretted that, so far as this Chamber is concerned, we cannot
condone anyone who wishes to trade on his name in this country, and we are
happy to note that even the local Government appreciates our feelings.
We would therefore advise you to desist from persisting in using Bapuji or
anything connected with him, as a symbol, to profit.
S. Ramachandran
Secretary, Indian Chamber of Commerce
29. To Jairamdas Doulatram
Bajajwadi, Wardha
25th January 1949
My dear Jairamdasji,
I read in papers yesterday that the Government of India is arranging to import
four million tons of foodgrains from foreign countries in 1949. When it was
decided in December 1947 to gradually withdraw control on foodgrains, it was
expected that the imports in 1948 would come to something about two million
tons and out of thisa reserve of five hundred thousand tons would be built up. As
the year advanced it became apparent that the imports should exceed two million
tons of target and towards the end of the year the Radio used to announce from
week to week imports, which came in all to something like 3 million tons in 1948
and now in 1949 it is proposed to import four million tons. I do not know if the
imports of foodgrains ever exceeded the figure reached in 1948 and that year was
not a bad year despite floods and some other natural calamities in some part of
the country or other. It is too early yet to say what 1 949 is going to be like. But the
decision, it the report is correct, to import twice the quantity that was ever
imported causes anxiety.
It is n most unexplainable phenomenon that prices should have gone up while
the food supply in the country was definitely easier both on account of local
production and larger imports. It was hoped that we would be able to keep down
prices by opening grain-shops in important centres where grain could be had at
Government prices. This could not be tried in 1946 or 1947 because our imports
were never sufficient to meet even the daily requirement when we were living
26
Dr. Rajendra Prasad:
literally from port to mouth. But with larger imports in 1948 that should have
been possible. I do not know how far this programme of having Government
shops was given effect to and, if so, with what result. Reimposition of control does
not seem to have improved matters to any appreciable extent so far.
How are you going to pay for the huge imports? It used to cost us more than
100 crores when the imports were less than two million tons and the Government
used to pay byway of subsidy something like 20 crores a year. I do not know what
the cost in 1948 has been and what it is expected to be in 1949. Evidently by the
time all our projects for producing enough to feed our people materialise, we
shall have become bankrupt, if we go on spending 200 or 250 crores a year on
import of foodgrains. Our exports are not likely to increase because they
comprise largely raw jute, jute products, and raw cotton. Raw jute and cotton are
really not our exports. Besides, many of the big projects and the scheme for
industrialisation necessitate a huge quantity of capital goods for which also we
shall have to pay. I think, therefore, that we must cut down our imports and
throw people on their resources to find food with such help as we can give from
the centre in urgent cases. Unless something of that sort is done, we shall be
rapidly gliding down the easier course of imports and more imports. I am sure the
matter is constantly before you. But I have been feeling uneasy about it and
considered it necessary to trouble you with this letter.
I am much better now and hope to be back in Delhi about the middle of
February. I hope you are well.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Jairamdas Doulatram
Minister for Food & Agriculture
Government of India
New Delhi.
30. To Jairamdas Doulatram
\
Bajajwadi, Wardha
^26th January 1949
My dear Shri Jairamdasji,
I wonder if you have ever met Lala Hardeo Sahay of Hissar. He is a walking
encyclopedia of all questions relating to our cattle. A very serious situation has
arisen on account of the export of milch cattle from Hariana to places like
Calcutta and Bombay where the best milch cattle are taken and after one or two
lactations find their way to the slaughter house. This happens because it is more
economical to sell them for slaughter than to maintain them for another
Correspondence and Select Documents
27
lactation. The result is that the best milch cows and buffaloes are being
destroyed. Formerly we had the Sindhi, Montgomery and Shahiwal breeds also
in India. Now all these are in Pakistan and the only breed which is capable of
giving good milk and also good draught cattle is being thus destroyed.
Something should be done to prevent this waste of a most important form of
national wealth. This is just to request you to hear all about this from Lala
Hnrdco Sahay who will give you a distressing picture which he has gathered after
a lour recently. He will be able to give you a lot of other information which will be
very useful and helpful.
Yours sincerely,
Rajendra Prasad
The Hon’blc Shri Jairamdas Doulatram
Minister for Food & Agriculture
New Delhi.
31. To Jairamdas Doulatram
Bajajwadi, Wardha
27th January 1949
My dear Jairamdasji,
1 desire to mention one thing in connection with our cattle problem. I had
tnken up the question of Government dairies which arc run by the Defence
Department. I think 1 left a note suggesting that the matter should be pursued. 1
have an impression that many of these dairies have thousands of acres of land
and they have been run so long for one purpose, namely, securing milk and milk-
products for the army. They were not interested in improving double-purpose
breeds and so they d id whatever they could to improve milk only and did not care
for anything else. Indeed even the male calves used to be destroyed. But what we
need really is double-purpose breed so that along with more milk we could get
better draught cattle also and I was thinking that the Government should now
undertake to run these various dairies for this purpose. The Animal Husbandly
Department of the Agriculture Ministry could undertake this and I was thinking
of even olfcring to the Defence Ministry that the Agriculture Ministry' would
supply them with milk and milk products required by them if they place all the
dairies and the attached land at the disposal of the Agriculture Ministry'. For this
purpose I had suggested an enquiry and 1 had some correspondence with Sardar
Baldcv Singh. 1 wonder if the matter has been pursued and, if so. with what
result. 1 may also mention that the Defence Department used to maintain
extensive grass farms for raising grass for the horses used in the Artillery' and
Cavalry. Now we do not have any Cavalry at all and have hardly any horses for
28
Dr. Rajendra Prasad:
transport purposes and therefore these grass farms are of no use. I believe there
are many many thousands of acres of land reserved for this purpose. All this land
should be immediately cultivated with food crops or dairies for improving cattle
breed could be established wherever possible. You might perhaps consider these
points and see if something could be done.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Jairamdas Doulatram
Minister for Food & Agriculture
New Delhi.
32. To Dr. M.A. Rauf
Bajajwadi, Wardha
29th January 1949
My dear Dr. Rauf,
I am enclosing a note about Zeyawaddy Grant and Kyauktaga Grant in
Burma. It is intended for Dr. Pattabhi who is going there as leader of a
delegation. You of course know about it but he may not be knowing and I have
therefore sent to him a copy. But if he does not get it, the copy that I am attaching
might be handed over to him for use, if necessary.
With kind regards,
Yours sincerely,
Rajendra Prasad
H.E. Dr. M.A. Rauf
Indian Ambassador, Rangoon.
Enclosure not included.
33. To Vallabhbhai Patel
Bajajwadi, Wardha
30 January 1949
My dear Vallabhbhai,
I have seen in the papers that the judgment in the Godse trial case will be
delivered on 10 February’. My feeling, which is shared by people here and at
Correspondence and Select Documents 29
Scvagram, is that it would be better if the judgment is delivered after the 12th. Is it
possible to have it put off by a few days without exposing us to the charge of
interfering with the judge’s discretion? If it be, you know how to get it done.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Vallabhbhai Patel.
34. To K.C. Neogy
Bajajwadi, Wardha
4 February 1949
My dear Kshitish Babu,
I have received a letter from the Secretary of the Indian Chamber of
Commerce, Penang, complaining that Mahatma Gandhiji’s name and picture as
also the picture of our National Flag are used for commercial purposes. I have
also seen many advertisements and many labels containing the same. I think it is
most objectionable, if not sacrilegious, to use these symbols for commercial
purposes so that some individual or firm might make money. Is it possible to
prevent this kind of abuse? Will you be good enough to have the matter looked
into and I would be prepared to go so far as to suggest that legislation might be
undertaken, if necessary.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri K.C. Neogy
Minister for Commerce
Government of India
New Delhi.
35. To S, Ramachandran
Camp: Bajajwadi
Wardha (C.P.)
4 February 1949
Dear Sir,
I have received your letter dated 24th January and agree with you that it is a
30
Dr. Rajendra Prasad:
sacrilege to use Mahatma Gandhiji’s name or picture for commercial purposes. 1
am glad to read that the Chinese friends were reasonable and withdrew the
objectionable label but unfortunately the Indian firm of Jankidass Ramgopalof
Calcutta did not do it. I am, however, referring the matter to authorities here for
their consideration.
Yours sincerely,
Rajendra Prasad
Sj. S. Ramachandran
Secretary, the Indian Chamber of Commerce
No. 7, Union Street, Penang (Malaya).
36. To N. V. Gadgil
Bajajwadi, Wardha
4 February 1949
My dear Gadgil,
May I trouble you about houses for the accommodation of members of the
Constituent Assembly? On 31st October 1948 I wrote to you in this connection
and you were good enough to reply on the 11th November (D.O. No. 5769 WII/48).
Since then, I understand, the Accommodation Sub-Committee took a definite
decision that unauthorised persons should be evicted, on the 29th November
1948, and this decision was taken when the Joint Estate Officer was present in the
meeting. On the 5th January 1949 the Accommodation Sub-Committee was
informed by the Estate Officer that eviction proceedings against unauthorised
persons were in progress. I am told that the net result of all these efforts during
the past months has been that two houses have become available by forcible
eviction, 3 houses through the members concerned and possession of 5 houses
has been regularised by the Sub-Committee. There are still several cases which
are in occupation of unauthorised persons. I am asking the office of the
Constituent Assembly to send you a list of such houses. Membersarcput to great
inconvenience and something should be done to remedy this situation.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri N.V. Gadgil
Minister for Works, Mines & Power
Government of India
New Delhi.
Correspondence and Select Documents
37. To Raft Ahmed Kidwai
31
Bajajwadi, Wardha
4 February 1949
My dear Rafi Saheb,
I am enclosing herewith copy of a portion of the Report of a Committee which I
had appointed with the approval of the Prime Minister to consider and report on
the best system of Hindi shorthand and Hindi typewriter and of Hindi
telegraphic code. The portion I am attaching deals with the telegraphic code
with which your Ministry is particularly concerned. I have submitted the full
report to the Prime Minister. But as 1 have seen in the Press that some
experiments are being made at present in some circles in Hindi signalling, your
Department might perhaps give a trial to the system here recommended which
claims to be more scientifically adapted to Hindi than any adaptation of the
Morse system. It is claimed that this system is easier to remember, both for
signaller and receiverand gives betterspeed. Ifitisfound on trial to be most suitable,
it would facilitate Hindi signalling very considerably.
Yours sincerely,
Rajendra Prasad
Hon’ble Rafi Ahmed Kidwai
Minister for Communications
New Delhi.
Enclosure 1:
New Delhi
15th January 1949
Shri Devideen Trivedi has an ingenious method of reversing the signs for
pairs of similar sounds. Sometimes he inverts one sign into another. We were
tempted to make use of these devices in the scheme suggested by us; they are
useful in remembering the signs. But our arrangement shows the difference in the
pairs by the last stroke which is better useful to the receiver. The subjoined is so
arranged that the scheme explains itself. Provision is made here for short 3f and
short 3TT which are. necessary for Southern languages. Special Urdu sounds also
are provided for.
Kaka Saheb Kalelkar
Sriman Narayan Agarwal
Babu Ram Saxena
Dtclosure 2:
(vidyullipi)or the telegraphic code, for those of the Indian languages
32
Dr. Rajendra Prasad:
that can use the Nagari script, is not a difficult proposition. The sounds
represented in the Nagari script are all scientifically arranged. A telegraphic
code can easily be remembered and manipulated with ease if it takes full
advantage of this scientific arrangement.
The code for signalling and that for telegraphing are naturally different. In
teleprinting, each letter or sign must have the same number of units all
throughout. The signalling code uses the dot and the dash in permutations of
1 , 2, 3, 4 and 5 units. We thus get in all 2 plus 4 plus 8 plus 16 plus 32, i.e., 62 signs
in all. There is plenty of room, therefore, for accommodating Nagari vowel signs
and consonants. Conjunct consonarfts must, of course, be represented by the use
of halant.
The three important schemes that we have received have all very wisely
accepted the reformed system of writing vowels known as (swarakhadi).
They have all recommended the use of halant in representing conjunct consonants.
We would have very much liked to use the principle of frequency in assigning
code signs to the letters and vowel signs of the Nagari alphabet, but the telegraphic
code is extremely limited in its resources. A dot and a dash makes up its whole
repertory. Every assistance must be given to the signaller, and more than the
signaller, to the receiver, for remembering the signs. We have, therefore, made a
very limited use of the principle of frequency and depended mainly on the
scientific arrangement of the Nagari letters.
Thus short 3T and other short and frequent vowel signs are made up of two units
only. Most of the vowel signs (matras) have only three-digit signs.
U naspirate letters like <T, ?T, T and % ^T, are represented by signs of
four digits — the latter invariably end with a dash.
Aspirate letters, numerals and a few important service instructions have
assigned to them signs of five digits. The heavy sounding Mahaprana letters,
namely, 1 3, 5, 4", T and T, 3T, SI, ^T, have all five digits. They all, moreover, end
with a dash.
38. From Sir Datar Singh
MINISTRY OF AGRICULTURE
D.O. No. 173/ 1 1/22/CVA/49
New Delhi
The 4th February 1949
My dear Doctor Sahib,
We have decided to hold a meeting of the representatives of the Provincial
Governments and GGshala Federations and prominent workers of the country,
Correspondence and Select Documents
33
interested in cattle welfare, on the 5th March at 1 1 a. m. , under the chairmanship
of Shri Jairamdas Doulatramji. The meeting will inter alia consider the progress
made and the present position of the various provincial schemes for the
development of Goshalas and Pinjrapoles of the country into Cattle Breeding
and Milk Producing Centres. It will discuss and endeavour to remove any
possible difficulties that may have been experienced in the working of the
schemes and evolve a co-ordinated plan for future development of these
Institutions throughout the country. It will further find out the possibilities of the
formation of a Central Goshala Development Federation. As all this work was
initiated by you and with the interest that you have been taking in it, I am sure
you will kindly make it convenient to grace the occasion so that we may have the
benefit of your valuable advice and guidance. The place of the meeting will be
intimated as soon as it is fixed.
Yours sincerely,
Datar Singh
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
39. To Dr. Sya?na Prasad Mookerjee
Bajajwadi, Wardha
4 February 1949
My dear Dr. Syama Prasad,
I am herewith enclosing copy of a letter which I have addressed to the Prime
Minister and of the Report of the Hindi Shorthand and Typewriter Committee
about which I had written to you. I hope the matter will receive the consideration
of the Government at an early date and necessary steps will be taken.
The keyboard containing appendixes C and D should be treated as secret till
patent is taken out.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. Syama Prasad Mookerjee
Minister for Industry & Supply
Government of India
New Delhi.
Enclosures not included.
34
Dr. Rajendra Prasad:
40. From H. S. L. Polak
265 Strand
London, W.C. 2
February 5, 1949
Dear Dr. Prasad,
It is a long time since I had news of you. I hope that you are satisfied with the
work of the Constituent Assembly and the making of the new Constitution. I
often see your name and activities referred to in the official Indian news issued
here.
It is difficult to realise that more than a year has passed since Gandhiji’s
passing. His influence today is, I am sure, greater even than it was during his
lifetime. May it hasten the coming of world-peace that all of us so deeply desire.
You may be interested to know — ifyoudonotalreadyknow.it — thatOdhams
Press here are this month publishing a book on Gandhiji’s life, in which H.N.
Brailsford, Lord Pethick-Lawrence and I are co-authors. I am covering the first
forty years of his life, until his final departure from South Africa. Almost at the
same time, Voras of Bombay will be reproducing my wife’s book entitled A/r-
Gandhi: The Man, originally published here in 1930.
I am also writing to let you know that on the 1 7th my son Leon will be flying to
India by Air India, in connection with our professional work in which he is my
partner. He has not been back there since his boyhood, when my family followed
me to India from South Africa during the First World War. Several of our
professional friends had inquired whether we intended to open an office in Delhi
as Federal Court Agents. After consulting other friends, including Mr.
Mavalankar and Mr. Murti, the Registrar of the Federal Court, we decided to do
so, and my son will be going first to Bombay to qualify for admission to the
Federal Court. I shall be grateful if you can render him any help and advice of
which he may be in need during his stay in Delhi. He will be flying through the
country visiting our friends in the Provincial Courts during his six weeks’ stay in
India.
Trusting that you are well, and with best wishes for the New Year,
Yours sincerely,
H.S.L. Polak
P.S. I have given to Devadas Gandhi several items for inclusion in the
Gandhi Memorial Museum, including the very book by Ruskin which changed
Gandhiji’s life. I am also trying to send out the volumes of the paper that he
founded in South Africa, and which I edited for so long, Indian Opinion, so soon
as I hear from Krishna Menon about arrangements for despatch.
H.S.L. Polak
Correspondence and Select Documents
41 .To Vallabhbhai Patel
35
Bajajwadi, Wardha
7 February 1949
My dear Vallabhbhai,
Many thanks for your letter dated 3 February 1949.
I appreciate why you and the Prime Minister are unwilling to suggest
postponement of the delivery of judgment in the Gandhi murder trial even for
two or three days. As that was the feeling of friends here, I wrote to you and the
matter ends there.
I am very much better now and have in fact visited the districts of this small
Province of four districts in connection with the Gandhi National Memorial
Fund collection without any appreciable effect on my health. 1 am hoping to
reach Delhi on the 15th and will of course meet you all when I am there.
Many thanks for your signature on the resolution of the Bihar Central Relief
Trust.
With regards,
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
42. From H.M. Patel
D.O. No. 65/ S/49
GOVERNMENT OF INDIA
(MINISTRY OF DEFENCE)
- ■ — • • VJJi |
The 11th February 1949
My dear Dr, Rajendra Prasad,
M^Z D £o':T dated enclosing a
(Mukeijee)? ^ b 1 hls son Ta Paskumar Mukophadhyay
the vacancies, he was not selected foradmission to the avaiiable for
commencing in January 1949 . Inter-Services Wing course
36
Dr. Rajendra Prasad:
He is, however, eligible for the Inter-Services Wing course commencing in
January 1950 for which the F.P.S.C. examination will be held in June next. The
F.P.S.C. are also holding a supplementary examination for selecting candidates
for admission to the Inter-Services Wing course commencing in July 1949.
Candidates who were eligible for admission to the examination held in January
last are also eligible for this supplementary examination, provided they did not
appear in the January examination. Since Dr. Mukerjee’s son did not apparently
take the F.P.S.C. examination held on 7 and 8 January 1949, he is eligible for
admission to this supplementary examination also. The last date for receipt of
applications for this examination is 10 March 1949 and the examination will be
held on 23, 24 May 1949. He may be advised to submit his application to the
F.P.S.C. before the due date. Notices in the Press will be published very shortly
inviting applications from candidates for this examination and also for the
examination to be held in June 1949.
Yours sincerely,
H.M. Patel
Dr. Rajendra Prasad
Bajajwadi, Wardha.
43. From K. C. Neogy
No. HM/64/49
New Delhi
The 14th February 1949
My dear Rajen Babu,
Will you please refer to your D.O. letter dated the 4th February 1949, relating
to the use for commercial purposes of the name and picture of Mahatma
Gandhiji and the picture of our National Flag. The question has been under
consideration of Government for some time now and we are actively examining
the issue of legislating with a view to prevent effectively the use of the names and
pictures of our National Leaders and the picture of our National Flag. I shall
write to you again as early as possible.
I am also requesting the E.A. & C.R. Ministry to advise our diplomatic
representative in Malaya to ascertain from the Indian Chamber of Commerce,
Penang, the particulars of the cases referred to by them and if necessary to make
suitable representations to the local Government.
Yours sincerely,
K.C. Neogy
Minister for Commerce
The Hon’ble Dr. Rajendra Prasad
Bajajwadi, Wardha.
Correspondence and Select Documents
44. To Jawaharlal Nehru
37
1 Queen Victoria Road
New Delhi
The 19th February 1949
My dear Prime Minister,
At its last meeting the Constituent Assembly passed a resolution giving certain
directions upon the electoral work to be done under lhe .new Constitution. Even
before the resolution was passed, the Secretariat of the Constituent Assembly
had initiated action for the preparation of electoral rolls on the basis of the
provisions of the Draft Constitution. Detailed instructions in this matter had
been issued to all the Provinces and States as early as March 15, 1948. In nearly
all the Provinces and in some of the States the preliminary work of preparing the
draft rolls is over; in one or two Provinces the printing of the rolls has already
started. The resolution passed by the Assembly fortifies the action taken so far
and also enables further steps to be taken in this direction. A further question
which naturally arises at the present stage is what machinery should be employed
to implement the directions of the Constituent Assembly.
This is a matter which requires careful consideration. There has been an idea
that the work connected with the new elections should be entrusted to one of the
Ministries of the Government of India, preferably the Law Ministry, in view of
the financial commitments involved. But other aspects of the case have to be
considered. It has been hinted in a section of the Press that in some Provinces,
Government is attempting to register its own supporters in the electoral rolls. In
the by-elections to Provincial Assemblies which have been recently held it has
been freely alleged by members of losing parties, particularly the Socialist Party,
that the Provincial Government concerned has taken undue advantage of its
position in the conduct of the elections. To avoid giving ground for any such
suspicion, it seems important that the machinery to be set up to direct and control
the elections under the new Constitution should be an impartial and independent
body, above party politics.
The need for securing impartiality and for avoiding even the appearance of any
party bias in this important matter was realised by the framers of the Draft of the
new Constitution and they have accordingly provided in article 289 for the
appointment of an Election Commission to superintend, direct and control all
elections. In the Draft, as it stands at present, separate Election Commissions for
the Centre and the Provinces are contemplated. There is, however, a feeling
among members that the interests of the country would be best served if there
were only one all-India Commission controlling all the elections, Central as well
as Provincial. Before such a body can he set up in anticipation, it is, of course,
necessary that the relevant provisions should be approved by the Constituent
Assembly. As a matter of fact, during the last session itself there was a proposal
that articles 289 to 29 1 of the Draft Constitution (which relate to the conduct of
38
Dr. Rajendra Prasad;
the elections) should be passed by the Assembly along with the other provisions
relating tp electoral matters. Unfortunately, owing to lack of time these articles
could not be reached. Apart from the constitutional question as to whether it is
the present Government of India or the Constituent Assembly which has the
power and authority in law to take steps for bringing the new Constitution into
operation, by setting up the various organs of Go vernment as laid down by the
Constitution, it is highly desirable that everything connected with the elections
including preparation of electoral rolls, delimitation of constituencies, and
conduct of elections, should be done by an independent body. It is, therefore,
suggested that a Commission of the kind contemplated in the Draft Constitution
should be appointed and the Constituent Assembly should meet at an early date
and (a) adopt article 289 with suitable amendments as well as (b) pass a resolution
authorising the President of the Assembly to appoint an interim Commission
pending the coming into operation of the new Constitution. The date of the
meeting, which can be on a Saturday, may be fixed in consultation with the
Speaker. It may be noted that the preliminary work in connection with the
enforcement of the Constitution Act of 1935 as also of 1920 was done not by the
Government of India but by a Reforms Department under the Governor-
General.
In order to give the Commission an independent status Government may, as in
the case of the Constituent Assembly, make a lump sum grant for its; support. In
all matters where Government’s sanction Is required or when further
expenditure on behalf of Government has to be incurred, this body will consult
the appropriate Ministry of the Government of India.
Yours sincerely,
Rajendra Prasad
The Hon’ble Pandit Jawaharlal Nehru
Prime Minister of India
New Delhi.
45. To R.R. Diwakar
1 Queen Victoria Road
New Delhi
The 20th February 1949
My dear Diwakar,
May I mention to you one matter which has been suggested to me for
consideration by the All India Radio? You know on the full-moon day of
Baisakh Lord Buddha was born, attained enlightenment and also attained
Nirvan. All these great events of his life fell on that day and therefore that day is
regarded as a veiy sacred day by the Buddhists all the world over. Our country
Correspondence and Select Documents
39
has forgotten Buddha but there is a growing consciousness now and I think it
would be well if the Radio could have special programme for that occasion. It
would be very much appreciated, I think, by the Buddhists and if the programme
is so made, it may also be a means of spreading Mahatma Gandhi’s principle of
Ahimsa. 1 shall be obliged if you could kindly consider this matter.
Yours sincerely,
Rajendra Prasad
Shri R.R. Divvakar.
46. To H.S.L. Polak
1 Queen Victoria Road
New Delhi
The 21st February 1949
My dear Mr. Polak,
Many thanks for your letter dated the 5th February. I was away from Delhi
and could not write to you earlier for which please excuse me. I have not yet met
your son who must by this time be somewhere here in India. I shall of course give
him such assistance as I can during his stay here. I shall try to find out where he is
from Shri Devadas Gandhi who, I believe, is in the know of his whereabouts in
India.
I have not yet seen your book but I am hoping to be able to get it if it is available
in this country.
I have not been keeping well and was away for a long time on account of my ill
health but I am much better now. We are busy now collecting funds for the
Gandhi National Memorial Fund which we close on the 30th April after which
we shall think of the form the memorial should take and the various items of
constructive programme in which the money may 'be spent.
With kind regards, —
Yours sincerely,
Rajendra Prasad
H.S.L. Polak, Esq.
265 Strand, London, W.C. 2.
47. To Dr. John Matthai
My dear Dr. Matthai,
1 Queen Victoria Road
New Delhi
The 22nd February 1949
May I take the liberty of drawing your attention to the case of Mr. Keshav
40
Dr. Rajendra Prasad:
Dayal, at present Deputy Accountant General (Senior), U.P.? He made a
representation regarding certain adverse comments made on his service records
and his continued supersession, which has remained pending for over a year and
no decision has yet been taken. He has been given promotion but simultaneously
other adverse report has already been made and against which he has already
represented and his representation is pending before the Auditor General. He
feels he is being persecuted and hopes to get justice from you. I am writing this to
you on the recommendation of a friend who has held the high post of the Judge of
a High Court only to request you to look into the matter so that if any injustice
has been done it may be remedied. His original petition was sent to the Govemor-
General-in-Council on the 26th November 1947.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. John Matthai
Minister for Finance
Government of India
2 King Edward Road
New Delhi.
48. From Dr. M.A. Rauf
INDIAN EMBASSY
No. 23-PA/ 49
Rangoon
25th February 1949
My dear Rajendra Babu,
Thank you very much for the note on the Zeyawaddy and Kyauktaga Grants.
As you know Dr. Pattabhi did not come to Burma owing to the local situation
here, which is causing us all considerable anxiety. We have no doubt that Indians
in their difficulties in Burma have the blessings of our revered leaders like
yourself.
Respectfully yours,
M.A. Rauf
Dr. Rajendra Prasad
Bajajwadi, Wardha.
Correspondence and Select Documents 41
49. From Willy Begert
SERVICE CIVIL INTERNATIONAL
Secretariat International
9 Rue Guy de la Brosse
Paris-V
March 8th, 1949
Dear Dr. Prasad,
Your name has been mentioned to us as one who might be interested in the
work of the Service Civil International. I am sending you under separate cover
some of the literature issued by our British Branch from which you will see that
our aim is to foster goodwill and international reconciliation among all peoples
through the medium of international work camps— groups of young people of
different nationalities, religions and backgrounds working and living together
and giving disinterested service for some needy cause.
At the present time we are very anxious indeed to spread our work outside the
boundaries of Europe, and ever since our late President, Pierre Ceresole, the
founder of S.C.I., took part in the work of rebuilding houses in the earthquake
region of Bihar from 1934 onwards, we have had a special concern to further our
work in India. During the past year, we had a number of friends from India
working on our European camps; some of them have returned now to their own
country, and we are in touch with them with a view to keeping them informed of
any possibilities which come to our notice. During the coming year we hope to
increase the number of non-Europeans taking part in our camps, so that when
they return to their country they may take with them a good experience of the
movement.
Our object in writing to you is to ask whether you see any means of helping us
to promote the idea of the S.C.I. in India. We should be very glad to have the
names and addresses of any persons in India who you think may be interested in
S.C.I. work, or who may be staying in Europe and could participate in our work
here. We should be interested, too, to know of any ideas you may have for
suitable work which S.C.I. could undertake in India.
We should like to thank you in advance for any help you may be able to give.
With all best wishes.
Yours sincerely,
Willy Begert
International Secretary
Dr. Rajendra Prasad
6 Jantar Mantar Road
New Delhi, India.
42
Dr. Rajendra Prasad:
50. To Dr. Tara Chand
Sarvodaya Samaj Camp
Rao (Indore)
March 10, 1949
My dear Dr. Tara Chand,
I am enclosing herewith a representation on behalf of an institution at Mhow
which used to be aided by Government before but has ceased to receive any aid
since August 1947. They told me that even arrears relating to a period before
August 1947 have not been paid and their representations have not succeeded in
getting any response. Possibly the difficulty is due to the fact that it is not known
what authority is concerned in this case. Mhow is a cantonment station and used
to be under some department of the Government of India. It is situated near
Indore and I do not know whether it is a part of Madhya Bharat Union or still
continues to be under the Government of India and, if the latter, whether the
Education Ministry or any other Ministry has to deal with applications like this. I
am sending this to you in the hope that the matter will be looked into and
whatever the decision of the Government may be should be communicated to the
party concerned, and in any case the arrears relating to period prior to August
1947 may be paid.
Yours sincerely,
Rajendra Prasad
Dr. Tara Chand
Secretary, Ministry of Education
Government of India
New Delhi.
Enclosure not included.
51. From Hon. Joint Secretary, Ceylon Indian Congress
THE CEYLON INDIAN CONGRESS
Colombo
12th March 1949
My dear Doctor,
I take this opportunity to invite you to attend our 9th Annual Sessions to be
held at the Sarojini Nagar, Hatton (Ceylon), on the 22nd, 23rd and 24th April
1949.
43
Correspondence and Select Documents
As you are well aware of the passing of the Indian Residents Citizenship Act by
the Ceylon Government, the 8 lakhs of Indians in Ceylon are alarmed over their
future status in the Island. We note with pleasure from Press reports that you
would be touring the Madras Presidency till the 25th of April. We shall be
grateful if you could please make it convenient to attend our Sessions at least for
a day, so that it would, apart from being a great source of encouragement to us,
also demonstrate to the Government and people of Ceylon that it is the gravity of
our situation that has, made you undertake this trip, despite your indifferent
health.
Hoping to be favoured with an early reply and with kind regards,
Yours sincerely,
(Sd.) Illegible
Hony. Joint Secretary
Dr. Rajendra Prasad
Indian ConstituentAssembly
New Delhi.
52. To V.K. Krishna Menon, B.R. Sen, and J.J. Singh
Sarvodaya Samaj Camp
Rao, Indore, C.I.
March 12, 1949
May I introduce to you Shri Sriman Narain Agarwal, Principal of the Seksaria
College of Commerce, Wardha? He is one of those intellectuals who came in rather
close contact with Mahatma Gandhi and has written some books interpreting
his thoughts, to one of which Mahatmaji himself contributed a foreword
expressing his appreciation. He is visiting other countries and I shall feel obliged
if you kindly give him such assistance as he may require, particularly by way of
establishing contacts with personalities there.
Rajendra Prasad
Shri V.K. Krishna Menon
High Commissioner of India
London.
Shri B.R. Sen, I.C.S.
Secretary, Indian Embassy
Washington.
Shri J.J. Singh.
44
Dr. Rajendra Prasad:
53. From Sir Datar Singh
GOVERNMENT OF INDIA
(MINISTRY OF AGRICULTURE)
D.O. No. 1-144/47-L.
New Delhi
The 13th March 1949
My dear Dr. Rajendra Prasad,
Will you please refer to your demi official letter dated the 27th January 1 949 to
the Hon’ble Minister regarding the Military Dairy and Grass Farms? The
question of improving the existing Military Dairy Farms, and utilising them for
general breeding purposes, was discussed at a meeting of the representatives of
the Ministry of Agriculture and Defence in August last, when it was decided that
these dairy farms should continue to lemain under the control of military
authorities but an advisory board consisting of both civil and military experts
should be set up and every effort should be made to improve these dairy farms in
the way of milk and its products; production on the farms to become self-
sufficient for roughage and concentrates as far as possible and to breed the
requirements of animals on the. farms.
It was also decided to appoint a sub-committee consisting of Dairy
Development Adivser, the Animal Husbandry Commissioner, Brigadier
Gurbachan Singh and Lt.-Col. Sarkaria with the following terms of reference:
r
(a) May visit as many farms as necessary to obtain information first hand with
regard to their working and based on their observations and the information
already provided to the Military Dairy Farms Department, suggest for the
consideration in respect of the nature and extent to which improvement can
be brought about with a view to fully exploiting the present resources of the
dairy farms, and to meet the pressing requirements of fodder, cattle and milk
and assure the supply of milk and milk products to troops as at present:
(b) Will visit the two farms in particular which at present are maintaining the
pedigreed herds of indigenous breeds, namely, Sahiwal, Sindhi and explore
the possibility of rearing as much of the ‘farms-bred’stock as possible so that
the animals surplus to the requirements of the farms can be made available foi
distribution in important breeding areas. Full details of the financial
implications involved in giving effect to the proposal made in this respect will
also be provided;
(c) Will explore the possibilities of introducing herds of other important Indian
breeds such as Tharparker, Giri and Hariana on some of the existing farms
where buffalo herds are maintained at present in areas where animals of
these breeds can thrive and if possible provide a plan for achieving this,
Correspondence and Select Documents
45
indicating the financial implications; and
(d) Deal with any other cognate points having direct bearing on the problem under
investigation which it may come across during its enquiry.
The final report of the sub-committee is awaited, and as soon as the report is
received, we hope to take further necessary action in the matter.
The question of utilising the military grass farms maintained for raising grass
for the horses in the Artillery and Cavalry for cultivating food-grains or for
establishing dairy farms is being taken up with the Defence Ministry.
Yours sincerely,
Datar Singh
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
54. To M.H. Polak
Camp: Ziradei
District Saran, Bihar
The 22nd March 1949
My dear Mr. Polak,
I have received your letter dated the 7th March 1949, while I have been on tour.
I am afraid, both you and I being on move, it has not been possible for us to meet.
I am hoping, 1 may be in Delhi on the 9th of April. If you are there, we might
meet. After that I shall be constantly moving about outside Delhi till the end of
April in connection with the Gandhi National Memorial Fund.
Yours sincerely,
Rajendra Prasad
M.H. Polak, Esqr.
C/ o Shri Devadas Gandhi
Managing Editor, Hindustan Times
Connaught Circus
New Delhi.
46
Dr. Rajendra Prasad:
55. To H.S.L. Polak
Camp: Ziradei
District Saran, Bihar
The 22nd March 1949
My dear Mr. Polak,
I have received your letter dated the 4th March 1 949 but I have all the time
been moving about from place to place in connection with the Gandhi National
Memorial Fund and it has so happened that while I was in Delhi, Mr. Polak, the
Junior, was in Bombay and when I was in Bombay, he was in Delhi. I am not likely
to be in Delhi till the end of April except on the 9th April, just for a day. If he is
there, l shall meet him or if he is in India after the end of April, I shall have
opportunity to see him. He has however written to me and I have also replied to
his note.
Yes, the death of Sarojini Devi was a great shock to all of us.
Yours sincerely,
Rajendra Prasad
H.S.L. Polak, Esqr.
49 Earles Avenue
Folkestone, Kent, England.
56. From Dr. Tara Chand
New Delhi
24th March 1949
My dear Dr. Rajendra Prasad,
I must apologise for not having acknowledged earlier your letter of 10th
March 1949 regarding the grants-in-aid to the Sacred Heart School, Mhow. I
am looking into the matter and shall do whatever is possible.
Yours sincerely,
Tara Chand
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
57. To Sir N. Gopalaswami Ayyangar
47
Camp: Ziradei
District Saran, Bihar
The 25th March 1949
My dear Sir Gopalaswami,
I drew your attention to what I felt about the proposal to build a Central
Station at Agra at the cost of 3 to 4 crores of rupees. I have told you what the
reaction of the local public was as I got it from the Chairman of the Agra
Municipality. The Chairman told me that the effect of this improvement so far as
the public of Agra was .concerned will be that where they now can get to the
railway station by Tonga at the cost of eight annas, they will have to spend Rs.2
for going to the Central Station which will be outside the city at the distance of 3
to 4 miles. I have heard that there is a similar proposal to build a Central Station
in Delhi or "New Delhi which will perhaps be equally expensive. 1 do not know
why it should be necessary for us to go in for this luxury of having big impressive
railway stations when so many other projects are held up for want of funds. One
of the objections to the construction of a bridge at Patna is that it will cost 3 or 4
crores extra. If some of these projects are held in abeyance it should not be
difficult to take up the more urgent and useful projects. I hope you will look into
the matter and excuse this intrusion.
Yours sincerely,
Rajendra Prasad
The Honhle Sir N. Gopalaswami Ayyangar
Minister for Railways and Transport
Government of India
New Delhi.
58. From K. Santhanam
No. HMSR/398
New Delhi
27th March 1949
My dear Sir,
Your kind letter of the 24th March regarding the train timings and
connections on the O.T. Railway. I shall have your suggestions immediately
48
Dr. Rajendra Prasad:
examined and let you know the result as early as possible.
With high regards.
Yours sincerely,
K. Santhanam
Minister of State, Transport & Railways
The Hon’ble Dr. Rajendra Prasad
Camp: Ziradei
Distt. Saran, Bihar.
59. From Dr. Syama Prasad Mookerjee
D.O. No. 1(2)-21(1 1)/48
New Delhi
30th March 1949
My dear Dr. Rajendra Prasad,
Please refer to your letter of the 4th February 1949, enclosing copy of a letter
addressed to the Prime Minister and of the Report of the Hindi Shorthand &
Typewriter Committee, on the question of the manufacture of Hindi
Typewriters. The Defence Ministry, who were asked to prepare 6 typewriters
with the new keyboards in one of their Ordnance factories, have informed us that
for want of raw material, proper equipment and technical skill they are unable to
get this work done in their factories. Meanwhile, we have arranged to take a
patent in the name of the Directorate-General of Industriesand Supplies and are
contacting Messrs. Godrej & Co., Bombay, with a view to get the typewriters
manufactured with the new fitments as early as possible to carry out the necessary
test.
2. I shall revert to the subject as soon as any further development takes
place.
Yours sincerely,
Syama Prasad Mookerjee
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India.
Correspondence and Select Documents
60. To Frances Standenath
49
I Queen Victoria Road
New Delhi
The 6th April 1949
My dear Savitri Devi,
1 have received your letter dated the 1 1th January and I am sorry I could not
write to you earlier partly because of my ill health and partly because after
recovery I have been constantly touring for collecting funds for the Gandhi
National Memorial. I hope you will excuse this.
We in India have had very hard times since the country was partitioned and a
portion cut off and made into Pakistan. The actual division passed off smoothly
but was followed by very disastrous consequences. A large number of Hindus
and Sikhs, numbering about 5 millions, were forced to leave Pakistan and
migrate to our partanda similar migration ofMussalmans from areas adjoining
Punjab took place from our side to Western Pakistan side. This was
accompanied with great suffering and has created great problems for the
Government which have not been solved satisfactorily as yet. You can
understand how difficult it is to settle and rehabilitate 5 million people who have
left their home, their lands, their other belongings and have to start life anew in
new surroundings without any previous preparation. But things are settling
down now. Bapu’s death came ds a great blow to all of us. It came just when this
migration was being completed and plans for rehabilitating them were under
discussion. The country was deprived of his guidance. He however succeeded by
his death in restoring good feelings between Hindus and Muslims to a very
considerable extent which had become very embittered by incidents preceding
and following partition. I do not know if you get the Harijan Weekly paper which
Bapu used to edit when he was alive. After his death, it is being edited by Syt.
Kishorlal Mashruwala, who was one of Bapu’s closest associates. I think you
could not do better than read this weekly paper and keep yourself in touch with
India and with all that is being done to carry on Bapu’s wishes. It is published
from Ahmedabad.
I hope you are doing well. With kind regards,
Yours sincerely,
Rajendra Prasad
Miss Frances Standenath
Graz in Styria
Austria.
50
Dr. Rajendra Prasad:
61. To K. Santhanam
1 Queen Victoria Road
New Delhi
The 8th April 1949
My dear Santhanam,
You know we have got at various places in the country many centres for
village industries, one of which is oil pressing in Ghanis. The KhadiPratisthan of
Sodepur (near Calcutta) is the most important centre for village work in West
Bengal. It had its branches in East Bengal but Ido not know if they are Welcome
now. But the Khadi Pratisthan is still active near Calcutta. They have a number
of Ghanis for which they have to import mustard and rape seeds from other
places. They have been feeling considerable difficulty in getting priority of
wagons. Sometime ago, I wrote to you about wagons for transporting cotton to
our Khadi centres. This is a similar thing and this village industry which has been
encouraged should not be allowed to suffer on account of the want of raw
material on which alone it can work. I shall be obliged if you kindly look into the
matter. The bearer of this letter, Shri Charu Chaudhury, who has come here on
behalf of the Khadi Pratisthan, will see you in this connection and will explain to
you his difficulties and requirements. Please do the needful.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri K. Santhanam
Minister of State for Railways and Transport
Government of India
New Delhi.
62. To Willy Begert
I Queen Victoria Road
New Delhi, India
April 18, 1949
Dear Mr. Begert,
I have received your letter dated the 8th March 1 949. Please excuse the delay in
writing to you. I have been moving about a great deal of late and hence the delay.
You may not know that I worked in close association with the late Dr. Pierre
Ceresole when he was in India to help us in rehabilitation of areas devastated by
the earthquake of 1934. I happened at that time to be the President of the non-
Correspondence and Select Documents —
51
official relief committee which was known as the Bihar Central Relief Committee
and the work which Dr. Ceresole did was jointly financed by the non-official
Bihar Central Relief Committee and by the Government of Bihar. I, therefore,
came in rather close contact with him and his other co-workers who had come
with him. You can understand what high regard I have for an organisation which
helped us in our time of distress and which could send out a person of the calibre
and stature of Dr. Pierre Ceresole for this work. We have at the present moment a
similar problem of rehabilitation on a very big scale as a result of partition of
India. There has been a tremendous movement of population from each side to the
other side involving not less than 10 to 12 million people. The Government of
India as also our Provincial Governments have been trying to tackle the big
problem. Non-official organisations are also helping but the task is so
tremendous that we have not been able to reach anywhere its end. I had a talk
about this letter of yours with Mr. Horace Alexander of the Society of Friends,
London, who has been working in India in many ways. He is of opinion and I
agree with him that if some of your members with experience of this kind of work
could be associated with the relief and rehabilitation operations, it would be a
helpful contribution. But for this purpose the Government has to be approached.
I am particularly thinking of one centre where we are going to build a township
for settling the uprooted people. I am trying to contact the gentleman in charge as
also the Ministry of Relief and Rehabilitation and find out how far this
association will be possible. In the meantime, I shall be obliged if you let me know
whether it will be possible for you to send out a few experienced and tried
workers and, if so, on what terms and for what period. This will help in finally
settling matters if the Government is agreeable.
With best wishes,
Yours sincerely,
Rajendra Prasad
Willy Begert, Esqr.
International Secretary
Internationaler Zivildienst
Secretariat International
9 Rue Guy de la Brosse, Paris-V.
63. To Mohanlal Saksena
1 Queen Victoria Road
New Delhi
The 1 8th April 1949
My dear Mohanlalji,
I am enclosing copy of a letter which I have received from Paris.* The letter
52
Dr. Rajendra Prasad:
will speak for itself. Dr. Pierre Ceresole, who was the President of this
organisation, came to Bihar with a number of workers after the earthquake and
stayed there for nearly a year and helped in building some villages and settling
down people who had lost their homes in the earthquake. The Bihar Central
Relief Committee and the Government of Bihar jointly financed this work and
some of our relief workers were detailed to help Dr. Ceresole. I am, therefore,
knowing this organisation. Dr. Ceresole came of a highly connected family in
Switzerland and the first war led him to the conclusion that unless a substitute
was found for military services for those people who are earnestly inclined they
would go in for military services and so he organised this batch which was
intended to work in peace on the same basis as people are required to work in a
military camp. Instead of having drill and exercises as preparation for military
service, the members of this organisation are engaged in social service. They had
done a lot of work of rehabilitation after the first war and when Dr. Ceresole
heard about the earthquake in Bihar, he with some of his colleagues came out and
remained in Bihar working with the ordinary labourers for a fairly long time. I
have, therefore, formed a high opinion of this organisation. I do not know if you
could utilise the services of a batch of workers from this organisation who would
naturally work more or less on the same lines as the Red Cross people or the
Society of Friends people are doing. They might perhaps take up even physical
work themselves but they can certainly do the supervision work also which some
of our relief committee workers have been doing in connection with buildings etc.
You might perhaps consider this and let me know the Government viewpoint so
that I might have further correspondence with the organisation.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Mohanlal Saksena
Minister for Relief and Rehabilitation
Government of India
New Delhi.
*See letter from Will}’ Begert to Dr. Rajendra Prasad, dated 8 March 1949.
64. To Sudhir Ghosh
1 Queen Victoria Road
New Delhi
The 18th April 1949
My dear Sudhir Ghosh,
I am enclosing copy of a letter which I have received from Europe* as also of a
Correspondence and Select Documents
letter which I have addressed to Shri Mohanlal Saksena, our Relief and
Rehabilitation Minister.! Do you think there is any scope for work of this kind in
the Rajpur Township Scheme? Will you be able to utilise their services? You will
write to me after consulting any other friend also if necessary.
Yours sincerely,
Rajendra Prasad
Shri Sudhir Ghosh
In-Charge, Rajpur Township
Near Patiala, P.E.P.U.
*See letter from Willy Begert to Dr. Rajendra Prasad, dated 8 March 1949.
f See Dr. Rajendra Prasad’s letter to Mohanlal Saksena, dated 18 April 1949.
65. From Sir N. Gopalaswami Ayyangar
No. HMT/ 129/49
New Delhi
20th April 1949
My dear Dr. Rajendra Prasad,
Please refer to your D.O. letter of the 18th April 1 949 to Santhanam regarding
the booking of oilseeds to the Khadi Pratisthan, Sodepur.
You will be glad to know that instructions have been issued to the Regional
Controller of Railway Priorities, Calcutta, to arrange for their movement at the
rate of one wagon per week in a movable class of priority. Shri Charu Chaudhury
who, I understand, is fully satisfied with this rate of movement, is being advised
direct of the arrangements made.
Yours sincerely,
N. Gopalaswami Ayyangar
Minister for Transport & Railways
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road, New Delhi.
54
Dr. Rajendra Prasad:
66. From B.N. Bhardwaj
New Delhi
20th April 1949
Dear Sir,
I have been directed by Dr. Tara Chand to acknowledge the receipt of your
letter dated the 14th April 1949 regarding Syt. Rajasekhar Gundappa. Dr. Tara
Chand said that he would look into the matter and would see what can be done
for Syt. Gundappa.
Yours faithfully,
B.N. Bhardwaj
Private Secy, to Secy., Min. of Education
Dr. Rajendra Prasad
I Queen Victoria Road
New Delhi.
67. From Mohanlal Saksena
MINISTRY OF RELIEF & REHABILITATION
D.O. No. 961/PSWR
New Delhi
April 21st, 1949
My dear Rajen Babu,
I have your letter dated 18th April 1949 regarding Dr. Pierre Ceresole of the
Service Civil International.
We should be glad to avail of the services of such an organisation. I shall feel
obliged if you will take up the matter further with Dr. Pierre and ask him to let us
know what assistance he can render in this difficult task of rehabilitation.
Yours sincerely,
Mohanlal Saksena
The 11007316 Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Correspondence and Select Documents ^
68 . From Sir N. Gopalaswami Ayyangar
D.O. No. 6203-W
New Delhi
27th April 1949
My dear Dr. Rajendra Prasad,
Reference your D.O. letter dated the 25th March 1949.
As you are doubtless aware, the Government have already issued a directive in
pursuance of their anti-inflationary policy that no new schemes should be
undertaken unless they are considered unavoidable, and that even accepted
schemes are to be reviewed so that expenditure on such of those as are not
productive, or could be postponed, or slowed down, should be deferred or
curtailed. Such a policy, however, cannot be allowed to prevent the preparation
of schemes in advance of the time when conditions will permit their execution.
There is no provision made for the proposed Central Station at Agra in the
current year’s budget. The town of Agra is at present served by three Railways at
7 stations, of which 5 arc passenger and 3 goods booking, and the facilities
available at these stations are not adequate even to meet the present traffic. The
need to provide improved facilities has been under consideration for a long time
past and one of the proposals is to build a Central Station and a Central
Marshalling Yard for all the 3 Railways. No final decision has yet been reached.
The Provincial Government and the public of Agra have been closely associated
with the investigations, and I can assure you that, when arriving at a decision, due
consideration will be given to the requirements of the public.
There is no proposal to construct a Central Station at Delhi. The present
proposals are to concentrate the handling of goods traffic, both inward and
outward, at New Delhi, and the passenger traffic mainly at Delhi Main Station.
For the convenience of the public residing in New Delhi, it is proposed to
improve passenger facilities at New Delhi Railway Station.
As regards the construction of a bridge over the Ganga at Mokameh, the main
reasons which led to the selection of the site were:
(i) Expert engineering and financial opinion favoured the construction of a
bridge at Mokameh.
(ii) Rail-ferry at Mokameh was a serious bottleneck.
(iii) The potential industrial area of Monghyr was nearer to Mokameh than to
Patna.
When the Government of India approved of the proposal to construct a
Railway bridge at Mokameh, they also decided that the preliminary
investigations regarding the bridge site at Patna was the responsibility of the
Bihar Government and if the Provincial Government, after making the
54
Dr, Rajendra Prasad:
66. From B.N. Bhardwaj
New Delhi
20th April 1949
Dear Sir,
I have been directed by Dr. Tara Chand to acknowledge the receipt of your
letter dated the 14th April 1949 regarding Syt. Rajasekhar Gundappa. Dr. Tara
Chand said that he would look into the matter and would see what can be done
for Syt. Gundappa.
Yours faithfully,
B.N. Bhardwaj
Private Secy, to Secy., Min. of Education
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
67. From Mohanlal Saksena
MINISTRY OF RELIEF & REHABILITATION
D.O. No. 961/PSWR
New Delhi
April 21st, 1949
My dear Rajen Babu,
I have your letter dated 18th April 1949 regarding Dr. Pierre Ceresole of the
Service Civil International.
We should be glad to avail of the services of such an organisation. I shall feel
obliged if you will take up the matter further with Dr. Pierre and ask him to let us
know what assistance he can render in this difficult task of rehabilitation.
Yours sincerely,
Mohanlal Saksena
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Correspondence and Select Documents
68 . From Sir N. Gopalaswami Ayyangar
D.O. No. 6203-W
New Delhi
27th April 1949
My dear Dr. Rajendra Prasad,
Reference your D.O. letter dated the 25th March 1949.
As you are doubtless aware, the Government have already issued a directive in
pursuance of their anti-inflationary policy that no new schemes should be
undertaken unless they are considered unavoidable, and that even accepted
schemes are to be reviewed so that expenditure on such of those as are not
productive, or could be postponed, or slowed down, should be deferred or
curtailed. Such a policy, however, cannot be allowed to prevent the preparation .
of schemes in advance of the time when conditions will permit their execution.
There is no provision made for the proposed Central Station at Agra in the
current year’s budget. The town of Agra is at present served by three Railways at
7 stations, of which 5 are passenger and 3 goods booking, and the facilities
available at these stations are not adequate even to meet the present traffic. The
need to provide improved facilities has been under consideration for a long time
past and one of the proposals is to build a Central Station and a Central
Marshalling Yard for all the 3 Railways. No final decision has yet been reached.
The Provincial Government and the public of Agra have been closely associated
with the investigations, and I can assure you that, when arriving at a decision, due
consideration will be given to the requirements of the public.
There is no proposal to construct a Central Station at Delhi. The present
proposals are to concentrate the handling of goods traffic, both inward and
outward, at New Delhi, and the passenger traffic mainly at Delhi Main Station.
For the convenience of the public residing in New Delhi, it is proposed to
improve passenger facilities at New Delhi Railway Station.
As regards the construction of a bridge over the Ganga at Mokameh, the main
reasons which led to the selection of the site were:
(i) Expert engineering and financial opinion favoured the construction of a
bridge at Mokameh.
(ii) Rail-ferry at Mokameh was a serious bottleneck.
(iii) The potential industrial area of Monghyr was nearer to Mokameh than to
Patna.
When the Government of India approved of the proposal to construct a
Railway bridge at Mokameh, they also decided that the preliminary
investigations regarding the bridge site at Patna was the responsibility of the
Bihar Government and if the Provincial Government, after making the
56
Dr. Rajendra Prasad:
preliminary investigations, decided to construct a bridge at Patna, the question
of an ad hoc grant by the Centre would then be considered.
Subsequently, as a result of unprecedented floods in 1948, the river at
Mokameh developed a second channel on the north bank which was not
expected. After discussion with the representatives of the Bihar Government, it
has been decided that no actual construction work should be taken in hand at the
Mokameh site until after the flood season of 1949 when it will be known more
definitely whether the north or the south channel will have to be bridged.
Meanwhile, the Bihar Government are understood to be carrying out
investigations at the Patna site for the construction of a road bridge. Should this
materialise, the bridge at Mokameh will only be for the Railway and not a rail-
cum-road bridge. As has already been decided, the Government of India will be
prepared to make a substantial financial contribution to the construction of a
road bridge at Patna.
Yours sincerely,
N. Gopalaswami Ayyangar
Minister for Transport and Railways
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
69. From K. Santhanam
D.O. No. E49AE-II-1
New Delhi
April 28, 1949
My dear Sir,
In continuation of my letter No. HMSR/468 dated the 28th December 1948,
regarding Mr. E. Recardo, Chief Controller, O.T. Railway, Sonepur, I have had
the case examined and find that Mr. Recardo, who was under suspension on
account of his suspected complicity in a smuggling case, has now been acquitted
by the Court and put back to duty. Although his career was rather uneven in its
early stages, he appears to have settled down and his work is at present
satisfactory. I shall see that he is not prejudiced by what he is said to have done
during 1942.
Yours sincerely,
K. Santhanam
Minister of State, Transport & Railways
The Honourable Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Correspondence and Select Documents
70. From Sudhir Ghosh
MINISTRY OF REHABILITATION
D.O. No. RHB-22(1)49
New Delhi
4th May 1949
My dear Babuji,
Many thanks for your letter dated the 1 8th April 1 949 about the offer of service
from social workers in Europe who belong to the organisation started by the late
Dr. Pierre Ceresole. I have discussed this matter with H.M. Rehabilitation who
has already written to you. We welcome these friends for the work in connection
with the building of a township for 70,000 Bahawalpuri refugees at Rajpura.
Amtus Salam and a number of other social workers are already in the field and
arc doing very valuable work and I am sure if these European friends join them
they will be able to make a valuable contribution.
2. Could you possibly let us know what financial assistance these friends will
require? If you have an idea of the amount of money necessary for this purpose we
shall find means of securing it.
With kind regards,
Yours sincerely,
Sudhir Ghosh
The 11001)16 Dr. Rajendra Prasad
No. 1, Queen Victoria Road, New Delhi.
71. To Sir N. Gopalaswami Ayyangar
1 Queen Victoria Road
New Delhi
The 5th May 1949
Please accept my thanks for your D.O. letter No. HMT/ 129/49 dated the 20th
April 1949 and the facilities you have provided for the transport of oilseeds for
the Khadi Pratisthan, Sodepur, Calcutta.
Yours sincerely,
Rajendra Prasad
The HonT)le Sir N. Gopalaswami Ayyangar
Minister for Transport
Government of India.
58
Dr. Rajendra Prasad:
72. To Hiranand Karamchand
1 Queen Victoria Road
New Delhi
o .rtSy 1949
Dear Friend,
I have received your letter dated May 2, 1949. 1 do not know' what exactly I
could do in the matter. But I am writing to the authority concerned to expedite
things. You understand my position. I am not in the Government and can at best
draw their attention.
Yours faithfully,
Rajendra Prasad
Shri Hiranand Karamchand
Editor, The Hindustan
79-81 Medows Street
Fort, Bombay-1.
73. To Mohanlal Saksena
1 Queen Victoria Road
New Delhi
8 May 1949
My dear Mohanlalji,
I am enclosing a letter and a cutting which I have received. If the scheme at
Kandla has been sanctioned and if what is stated in the cutting is true, I hope
steps will be taken to expedite the matter.
Yours sincerely,
Rajendra Prasad
The HonTsle Shri Mohanlal Saksena
Refugee Relief & Rehabilitation Minister
Government of India
New Delhi.
Enclosures not included.
Correspondence and Select Documents
74. To Raft Ahmed Kidwai
59
1 Queen Victoria Road
New Delhi
8th May 1949
My dear Kidwai Saheb,
May I draw your attention to a representation which has been made by Lt.-
Commander S.D. Pandey, Chairman of the Pilani Flying Club, to the Director
of Civil Aviation, Government of India, for financial aid to run the club on the
basis of which it is given to other similar clubs in India? Pilani has now developed
into a big educational centre with several colleges and a large body of students.
They have secured necessary land for the aerodrome. It is a big centre to which
students of practically all parts of the country come and the Club will serve a
useful purpose. The representation was submitted to the Director-General on the
1 5th March 1948 and I believe they have given, along with the representation, the
Memorandum and Articles of Association of the Flying Club and other
necessary information. May I request you to kindly take interest in the matter
and help.
Yours sincerely,
Rajendra Prasad
The HonTde Mr, Rafi Ahmed Kidwai
Minister for Communication
Government of India
New Delhi.
75. From H.S.L. Polak
49 Earls Avenue
Folkestone, Kent
May 8, 1949
My dear Dr. Rajendra Prasad,
It was a pleasure to hear from you again. I had been reading in the Indian
papers something of your wanderings.
I am so sorry that my son was unable to contact you on his recent visit. He was
unexpectedly detained in Bombay and so had to cut his tour rather badly. But he
expects to go back for a longer period in the autumn, and as the formalities of
admission to the Federal Court have been completed, he will have more time at
his disposal both in Delhi and in the other places which, for lack of sufficient
time, he had to omit on this occasion.
60
Dr. Rajendra Prasad:
In a recent issue of Harijan I noticed that Kaka Kalelkar had been entrusted
with the task of collecting items associated wii’n Gandhiji for the Gandhi
Memorial Museum. When Devadas was over here last year I gave him some such
items for that purpose. They included the badge of the London Vegetarian
Society which G. used to wear and which he gave to me. Dr. Josiah Oldfield, the
first President of the Society, told me that G. had helped to design the badge; there
was also the original cloth-covered copy, with G.’s own signature, of Arnold’s
‘Song Celestial’, which we used to read together after dinner when I was a
member of his household in Johannesburg; and there was also the original and
certified copy of Ruskin’s Unto The Last, which I lent him to read on the fateful
journey from Johannesburg to Durban and which resulted in his adoption of the
‘simple life’, to which he refers in his Autobiography (which, you may be
interested to know, has recently been reprinted and published here). Knowing of
Devadas’s busy activities, I am wondering whether he has remembered to pass
these things on to the proper quarters. I shall be glad if you will make a discreet
inquiry.
Have you yet had time to read the joint book, entitled Mahatma Gandhi, by
myself, H.N. Brailsford, and Lord Pethick-Lawrence? If so, I shall be glad to
know how the book strikes you. The authors had the misfortune to have to cut
down their script by one-sixth after they had completed it — a very difficult task.
In my own case, it compelled the omission of a good deal of descriptive and more
personal matter. The publishers, Odhams Press, tell me that the book here has
struck a bad market, for a number of reasons. I do hope that the book has a
satisfactory sale in India.
With best wishes and trusting that you are not overtaxing your strength with
your many activities,
Yours sincerely,
H.S.L. Polak
76. From Mohanlal Saksena
MINISTRY OF REHABILITATION
D.O. No. 135/PSMR
New Delhi
May 11/12, 1949
My dear Rajen Babu,
I have your letter dated 8th May 1949, regarding Kandla.
Unfortunately the question of Kandla has had to be considered by a number of
Ministries and some amount of delay was, therefore, inevitable. For our part we
Correspondence and Select Documents
61
have tried our best to help the materialisation of this scheme as much as we could
and you will be glad to hear that a loan of Rs. 1 , 1 0,00,000 has been sanctioned. An
intimation is being issued to Bhai Partap, the Managing Director of the Project.
Yours sincerely,
Mohanlal Saksena
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
77. To N. V. Gadgil
1 Queen Victoria Road
New Delhi
13th May 1949
My dear Gadgil,
Babu Jaleshwar Prasad, Chief Labour Commissioner, Government of India,
has been staying with me ever since he came here in September last year. He has
not yet got any quarters. We have managed so long because my family was away
and he could not bring his family. Now both of us want to bring our families. So it
is necessary that he should get a suitable accommodation. I understand that there
is a house in Raisina Road, No. 3, very close to this house, which would suit him
very well. I am told they are thinking of giving him accommodation on some
flat but that would be inconvenient for people of our way of living and habits.
Will you kindly consider his case and give him house No. 3 Raisina Road or any
other independent self-contained house?
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri N.V. Gadgil.
78. To Mohanlal Saksena
1 Queen Victoria Road
New Delhi
13th May 1949
My dear Mohanlalji,
I have received the accompanying Memorandum containing certain decisions
62
Dr: Rajendra Prasad:
taken by relief workers. I understand that a copy of it has been sent to you also. I
shall be obliged if you let me know what action you propose to take in this
connection. If necessary, and if you have any conference or meeting in this
connection, I would gladly come over, if you want me.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Mohanlal Saksena
18 Akbar Road, New Delhi.
Enclosure not included.
79. From Dr. Syama Prasad Mookerjee
D.O. No. 123(59)-Tex.l/48
New Delhi
13th/ 14th May 1949
My dear Dr. Rajendra Prasad,
I enclose a note which my officers have prepared regarding a proposal made by
the Constructive Programme Committee of the Bombay Provincial Congress
Committee for the protection of genuine khadi by a procedure of certification and
licensing of dealers. While it is certainly desirable that spurious material should
not be allowed to be sold as khadi, I feel some doubt if measures suggested by the
Bombay Committee are necessary or practicable and whether they may not react
adversely on the development of the khadi industry.
1 shall be thankful to have your considered opinion.
Yours sincerely,
Syama Prasad Mookerjee
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Enclosure:
The Khaddar (Name Protection) Act, 1934, provides that the word ‘Khaddar
will be a trade description within the meaning of the Indian Merchandise Marks
Act and may only be used in relation to cloth woven on handlooms in India from
cotton yarn handspun in India.
63
Correspondence and Select Documents
2. The Constructive Programme Committee of the Bombay Provincial
Congress Committee feel that this is sufficient for the protection of the ‘Khaddar’
industry. In a letter to the Ministry of Commerce, they have made the following
proposals:
(a) that the trade description ‘Khaddar’ may only be used in relation to ‘Khaddar’
which is certified as such by the All-India Spinners’ Association; and
(b) that ‘Khaddar’ may be sold only by dealers who are certified or licensed by
the All-India Spinners’ Association.
3. The Ministry of Commerce consulted the Provincial Governments and the
All-India Spinners’ Association on this question. The All-India Spinners’
Association has stated that they are not in a position to undertake the
certification of ‘Khaddar’. They are, however, willing to undertake the licensing
of such ‘Khaddar’ dealers as they consider to be reliable. The All-India Spinners’
Association does not think that any system of voluntary marking will serve the
purpose. They are also of the opinion that the definition of ‘Khaddar’ should
include handspun and handwoven silk and woollen textiles also. Of the
Provincial Governments, only two have replied, namely, Madras and West
Bengal. The Madras. Government have replied that in Madras a large quantity
of genuine ‘Khaddar’ is produced by organisations independent of the All-India
Spinners’ Association. The Madras Government have, therefore, introduced a
system of licensing of ‘Khaddar’ dealers, but have exempted the All-India
Spinners’ Association from the licensing rules. The West Bengal Government are
in favour of a system of voluntary marking on the lines of ‘Agmark’.
4. The question for consideration is whether any attempt should be made to
certify ‘Khaddar’ and to license ‘Khaddar’ dealers. While it is undoubtedly
necessary to prevent cloth other than ‘Khaddar’ being sold under the false
description of ‘Khaddar’, there is some doubt as to whether statutory licensing
and certification at this stage will not affect the production of genuine ‘Khaddar’.
There is also some doubt as to whether it will be proper for Government to
delegate powers of licensing to a non-Government organisation such as the All-
India Spinners’ Association.
5. A copy of the letter from the Chairman, Constructive Programme
Committee, Bombay Provincial Congress Committee, is enclosed— also a copy of
the Khaddar (Name Protection) Act, 1934.
K. Sen
Deputy Secretary
10.5.1949
Enclosures not included.
64
Dr. Rajendra Prasad:
80. To Rafi Ahmed Kidwai
1 Queen Victoria Road
New Delhi
14th May 1949
My dear Kidwai Saheb,
I am enclosing copy of an application which has been submitted to you by Shri
H. Sen, Retired Superintendent of Telegraphs, Patna. He had prematurely to be
retired as he was taken suddenly ill after donating his blood to aBlood Bank. He
has now completely recovered. He also suffered heavy losses during the Calcutta
riots in 1946. He had a uniform good record of work while in service and earned
recognition and distinction in the service. A person like him deserves
consideration and I hope the matter will receive your attention.
Yours sincerely,
Rajendra Prasad
The Hon’ble Mr. Rafi Ahmed Kidwai
Minister for Communication
Government of India
New Delhi.
Enclosure not included.
81. From Mohd. Noman
f
204-B, Frere Street
E.I. Lines
Karachi
The 16th May 1949
My dear Rajen Babu,
Being fully conscious of the heavy drain upon your time, I am approaching you
with a request kindly to send me your impressions about Q.A. M.A. Jinnah. On
the occasion of his first death anniversary I propose to bring out a book
embodying the impressions of his many friends, with whom he had various
political discussions and honest differences on constitutional issues.
As one in the forefront of India’s struggle for independence you naturally had
many occasions to examine and consider his various political moves. You have
also expressed your views on different occasions about Mr. Jinnah’s political
demands.
65
Correspondence and Select Documents
I am approaching his friends in various countries to record their impressions
and in so doing they are at perfect liberty to criticise his actions and policies. 1 do
not want mere eulogistic contributions.
I am sure to have a response from you.
Yours sincerely,
Mohd. Noman
Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
New Delhi.
82. To Dr. Syama Prasad Mookerjee
1 Queen Victoria Road
New Delhi
May 17, 1949
My dear Dr. Syama Prasad,
The other day I received a letter from the Secretary of the All-India Spinners’
Association asking my opinion if he should join the All-India Cottage Industries
Board and I have asked him to do so. I am informed, however, that on the terms
of reference, the All-India Cottage Industries Board may consider the
development of cottage industries only in so far as they supplement the
production of large-scale factory industries. The All-India Spinners’ Association
and the All-India Village Industries Association have always claimed, and I agree
with them, that instead of being handmaid to large-scale factories and
supplementing their activities they should in their sphere have not only an
independent position but the Government policy should be so framed as to help
them in preference to factories. I will explain what I mean by an illustration.
Railway freights are so fixed as to enable certain factories to get their raw
materials at lower rates; for example, if oilseeds have to be transported from one
place to another, the places where oil-mills are situated may have preferential
freight whereas a village oil-man has to pay a very much higher freight for his
oilseeds. According to the Village Industries Association the position should be
reversed and, if for nothing else, at least as a protection the village oil-man should
be able to get his raw materials cheaper than the oil-mill owner. I, therefore,
sympathise with the view the All-India Village Industries Association have taken
that unless the terms are varied so as to enable village industries to be developed
freely irrespective of the effect that they may have on factories it would not serve
any useful purpose for them' to be on the Board. While I have advised the All-
66
Dr. Rajendra Prasad:
India Spinners’ Association to join the Board, I hope the question raised will
receive your consideration and the terms will be altered so as to enable the Board
to consider the question of developing cottage industries independently.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. Syama Prasad Mookeijee
Minister for Industries and Supplies
Government of India
New Delhi.
83. To Dr. Syama Prasad Mookerjee
1 Queen Victoria Road
New Delhi
17th May 1949
My dear Dr. Syama Prasad,
Please refer to your D.O. No. 123(59)-Tex-1 /48 dated 13th/ 14th May 1949. 1
have gone through the letter of the Chairman of the Bombay Provincial Congress
Constructive Committee and your office note thereon. It is true, as is pointed out
in the letter of the Chairman, Bombay Provincial Congress Constructive
Committee, that the Khaddar Act, as it is, cannot be effectively used for
preventing its spurious dealers from passing other cloth than Khaddar for
Khaddar. If it is necessary to prevent this, some system of licensing Khaddar
dealers has to be evolved. The All-India Spinners’ Association, although a non-
Government body, has been carrying on a system of issuing certificates to
Khaddar dealers under certain rules the underlying principles of which are
(1) that cloth should be handwoven out of handspun yarn, (2) that there should
be no profiteering in Khadi trade, and (3) that the spinners and weavers must get
at least a minimum wage which at present is 6 annas per eight hours of efficient
work. The Khadi-wearers have accepted the certificate of the All-India Spinners’
Association and have their purchases from dealers certified by it and its certificate
used to serve the purpose of preventing fraud but the position has changed now.
The All-India Spinners’ Association is a reliable non-political body although it
was created by the Congress and can well be trusted to use the power of licensing,
if given to it, with honesty. It has never certified Khadi because of the difficulty
and the amount of work that it would involve to certify each piece as genuine but
its inspectors inspect the work of production and satisfy themselves that the dealers sell
only Khadi produced under their inspection. They therefore used to give licences to
Correspondence and Select Documents
dealers whose goods were accepted by the consumers of Khadi as genuine. I think
it is only this kind of licensing which can be successful. As Khadi is produced in
innumerable homes, it will not be possible except with the help of a vast
organisation to certify each piece as it is produced and we can only license the
dealers. 1 think, therefore, that the system of licensing should be continued and
the power may be given by law to the All-India Spinners’ Association as also to
some Government agency as is done in Madras. In the latter case however it will
be necessary to appoint a Licensing Board of persons who are well acquainted
with the technique of Khadi production. It will also be necessary to ensure
genuineness of the stuff sold not to license any dealer who sells any yarn or cloth
other than handspun yarn and cloth woven on handlooms out of handspun yam.
The All-India Spinners’ Association does not issue licences to anyone who sells
any cloth or yarn other than genuine Khaddar or handspum yarn. It would,
therefore, be necessary to prevent the use of the word ‘Khaddar’ by any other
cloth seller in his vouchers, cash-books, on signboard or in any other way. I realise
that there is a chance of any such measures reacting adversely on Khadi but
genuine Khadi has to be protected for the sake of those who need it. Any other
kind of cloth may sell and will sell but it should not pass as Khadi.
I also agree that Khadi should include not only handspun and handwoven
cotton textile but also silk and wool, handspun and handwoven.
Y ours sincerely,
Rajendra Prasad
The 11001)10 Dr. Syama Prasad Mookerjee
Minister for Industry' & Supply
Government of India
New Delhi.
S4. To Bakiev Singh
I Queen Victoria Road
New Delhi
The 19th May 1949
My dear Sardar Baldcv Singh,
advocate in ^ GanCSh Prasad Shahi >
68 Dr. Rajendra Prasad:
Indian Military College, Dehra Dun. The letter will speak for itself and I hope
you will render such assistance as you can give him.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Baldev Singh
Minister for Defence
Government of India
New Delhi.
Enclosure not included.
85. i From Dr. Sya?na Prasad Mookerjee
New Delhi
19th May 1949
My dear Dr. Rajendra Prasad,
I have just received your letter about the Cottage Industries Board. There has
been some misunderstanding on the subject. I had a talk with Dr. Kumarappa
day before yesterday. I enclose a copy of the letter which I am addressing to him
today. I gather he would be willing to join the Board and give us the benefit of his
advice and cooperation.
Yours sincerely,
Syama Prasad Mookerjee
Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Enclosure not included.
86. To Mohd. Noman
, 1 Queen Victoria Road
New Delhi
The 19th May 1949
My dear Mr. Noman,
I have received your letter dated the 16th May asking me to send my
Correspondence and Select Documents
69
impressions about Q. A. M. A. Jinnah. Apart from the fact that on account of the
sittings of the Constituent Assembly which have commenced and which are likely
to go on for a pretty long time and will keep me very busy, 1 am sorry it will not be
possible for me to write as desired by you. My contacts with the Quaid-e-Azam
were few and far between and I do not think I could contribute anything to the
projected work. Hoping to be excused,
Yours sincerely,
Rajendra Prasad
Mohd. Noman, Esqr.
204-B, Frerc Street, E.I. Lines
Karachi.
87. Front Shri Ram
MINISTRY OF FOOD
(SUBSIDIARY FOOD PRODUCTION COMMITTEE)
Jamnagar House
New Delhi
20th May 1949
My dear Rajen Babu,
I am very sorry I could not personally sec you before you left for Dehra Dun.
As you know, the food situation in the country is very serious and the
Government have for that purpose constituted a Subsidiary Food Production
Committee with the object of supplementing the food supply of the country by
encouraging the production and consumption of the same. With that end in view
I am sending to you a very' short note (which has been approved by Shri
Jairamdas) so that at some stage in the session of the All India Congress
Committee this idea may be conveyed to the members of the Committee.
You will appreciate that meeting the shortage of food is not merely the
business of the Governments but of the 330 million people of the country. If
everybody puts his shoulder to the scheme, there is no doubt that we could
remove the shortage and bring down the prices of foodstuffs and thus the cost of
living. I hope it will be possible for you to do something in the matter,
rhanking you in anticipation and with kindest regards.
Yours sincerely,
Shri Ram
Vice-Chairman
Dr, Rajendra Prasad
1 Queen Victoria Road
New Delhi.
70
Dr. Rajendra Prasad:
Enclosure:
The Government of India have already announced their policy of securing
freedom from dependence on imports of foodgrains by the end of 1951 and they
are taking necessary steps to achieve the object by intensifying the cultivation of
foodgrains. We have to do all we can to reduce the distress and save the heavy
drain on our resources. Indeed, the food situation in the country is so serious that
we have to face it as we would face a war problem — as something which simply
cannot be postponed and in which everyone has to contribute his bit. One highly
effective method of helping to ease the situation would be to increase the
cultivation of bananas, carrots, tapioca, potatoes, groundnuts and sweet
potatoes, etc. They are all easy to grow; they give quick and heavy yields and their
production will not only reduce our dependence on cereals but add elements of
great nutritive value to our diet. If every cultivator in the rural areas, particularly
within a radius of 1 5 or 20 miles of towns and cities where people are familiar with
such foods, devotes even an additional 2 or 3 percent of his land to these crops, he
will find that their disposal and transport to the market will not present any
difficulties and there will be no loss by wastage due to rotting and he will be
helping materially in solving our food problem.
People in towns, particularly those who have gardens, big or small, should also
consider it their sacred duty to grow as much of these crops as possible. They will
be helping not only themselves but the country too and the Government in
fighting the demon of food scarcity, high prices, high cost of living, and distress,
particularly amongst lower middle classes.
88. From C.N. Chandra
MINISTRY OF REHABILITATION
D.O. No. 242/ S
New Delhi
21st May 1949
My dear Dr. Rajendra Prasad,
I am desired by Shri Mohanlal Saksena to request you to attend a meeting of
the Committee of the Cabinet for Rehabilitation to be held on Wednesday, the
25th May 1949, at 5 p.m. in the Committee room of the Ministry of External
Affairs to discuss the question of rehabilitation of Meos in the Matsya Union.
A note on the above subject will follow.
Yours sincerely,
C.N. Chandra
Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Correspondence and Select Documents
89. From Willy Begerl
SERVICE CIVIL INTERNATIONAL
International Secretariat
9 Guy de la Brosse
Paris-5
May 21, 1949
Dear Mr. Rajendra Prasad,
Thank you very much indeed for your letter of April 18. We were very
encouraged by it. Since then we have had our International Delegates Meetingat
which we decided that we would do our best to be able, in autumn, to send 4 to 8
experienced volunteers to India. For the time being our British branch was asked
to go ahead with the necessary preparations and no doubt Mr. Derek Edwards,
our British General Secretary, who is already in touch with Horace Alexander,
will also get in touch with you to tell you in more details about our plans. We shall
certainly keep you informed as to what progress we are making in the
preparations and shall not fail to contact you, Horace Alexander, and later
probably members of the Government in order to discuss all the details of the
planned work.
Yours very sincerely,
Willy Begert
90. From E. C. Donoghue
GOVERNMENT OF INDIA
(CABINET SECRETARIAT)
IMMEDIATE/SECRET
No. 243/CF/48
New Delhi
The 23rd May 1949
. The Joint Secretary to the Cabinet presents his compliments to Hon’ble Dr.
Rajendra Prasad, and is directed to request that he will attend a meeting of the
Committee of the Cabinet for Rehabilitation to be held at 5 p.m. on Wednesday,
the 25th May 1949, in the Ministry of External Affairs Committee Room, to
discuss the following:
72
Dr . Rajendra Prasad:
Subject:
Rehabilitation of Meos in the Matsya Union. (Papers will follow.)
Hon’ble Dr. Rajendra Prasad.
E.C. Donoghue
for Joint Secretary to the Cabinet
91. From Jawaharlal Nehru
No. 539-P.M.
New Delhi
24th May 1949
My dear President,
It appears to be taken for granted by some people that the Indian Republic will
be proclaimed on August 15th. Personally I rather doubt both the feasibility and
desirability of choosing that date. I hope that we may be able to finish the
consideration of the Constitution and pass it finally by sometime in July. That
Constitution will have to contain some transitional clauses and much will depend
on the nature of these clauses. I think we should give a sufficient margin after that
to allow us to do things properly. Thus the date to be fixed should be sometime
ahead.
It is clear that the full implementation of the new Constitution can only take
place after the new elections etc. are over. These elections cannot take place, at
the earliest, before the winter of 1950-51. We can hardly wait till then for the
proclamation of the Indian Republic. Therefore some date will have to be fixed,
much earlier than that when the Republic is proclaimed in accordance with certain
transitional clauses passed by the Constitution. What that date should be is a
matter for us to consider and will depend on the nature of the steps to be taken by
us as laid down in the transitional clauses.
From many points of view, a very suitable date would be January 26th. The
only thing that can be said against it is that it is too far off. Some other earlier date
may be chosen, but I rather doubt if it can be much earlier than October.
I have referred to the transitional clauses etc. Is it not desirable for thought to
be given to them from now onwards? The Drafting Committee may do it or some
other Committee. There is no immediate hurry. The matter should not be left till
the last stages.
According to newspaper reports you have said that it will be fit and proper that
our original Constitution should be passed in Hindi. There cajL.be little doubt
that this would be a desirable thing to do. I feel however that this will be
exceedingly difficult within the time allotted or indeed within any reasonable
Correspondence and Select Documents
73
time. We have passed the Constitution clause by clause after much argument not
only about general policies but also about words and phrases. Necessarily this
had to be so because the Constitution has to be precise. If we try to pass a Hindi
translation of this Constitution, we can hardly do so en bloc or as a whole. We
shall have to go through the same process of clause-by-clause consideration and I
have little doubt that there would be a great deal of argument about innumerable
words and phrases, both from the linguistic and other points of view. The matter
will drag on for months and probably give rise to a great deal of excite-
ment.
As a matter of fact the question of a Hindi translation itself has not been
finally decided. Various translations were made, completely differing from each
other. Then you appointed a Committee to co-ordinate them. That Committee, I
understand, is proceeding with this task, but meanwhile one member of that
Committee, in presenting a certain viewpoint, has apparently resigned because
he felt that the approach of this Committee was not in accordance with the
directions that you gave. These directions were that the language should be
precise and simple and, as far as possible, understood by most people. I believe
that the Committee has accepted as a basis for discussion one of the Hindi
translations which, according to some people, is very difficult to understand,
lacking in precision, and is not even good Hindi. All these difficult questions have
to be solved and I do not see how they can be solved in a way so as to produce a
translation which can become the original of our Constitution in the course of the
next two or three months.
As a matter of fact, the translation cannot be finalised till the English original
has been finalised by the Constituent Assembly. That is to say, it is only after the
Constitution has been passed in English that the Hindi translation can be
finalised. Then will come the question of vetting this Constitution by the
Constituent Assembly. That will take a lot of time.
It seems to me that the only feasible course is for the Constitution to be passed -
in English by the Constituent Assembly and to be adopted as such. Then the
Hindi translation is proceeded with, first by an Expert Committee (non-members
of the Constituent Assembly), secondly by a Committee of the Constituent
Assembly. They should take some time over it so that the work might be done
well and not rushed through. The matter is too important to be dealt with
casually. When the Hindi translation is finalised, this can also be adopted as
original text by the C.A.
I am putting forward these thoughts just for your consideration.
Yours sincerely,
Jawaharlal Nehru
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
74
Dr. Rajendra Prasad:
92. To Rajkumari Amrit Kaur
1 Queen Victoria Road
New Delhi
The 24th May 1949
My dear Rajkumariji,
May I seek your assistance in getting one Biharilal Shrivastawa, an Upper
Division Clerk in the office of the D.A.G., I. & S., who has been suffering from
tuberculosis admitted in the Lady Linlithgow Sanatorium, Kasauli, in one of the
beds reserved for the employees of the Central Government in the Civil and
Defence Departments? The case has been examined by competent authorities in
New Delhi and a certificate has been issued by the Civil Surgeon, Willingdon
Hospital, to the effect that it is a suitable case for sanatorium line of treatment.
He has recommended immediate admission. I shall be obliged if you help the
young man as it is a deserving case and known to me. I am enclosing copy of
a petition which he has addressed to the Superintendent, Lady Linlithgow
Sanatorium, and a copy of the Certificate of the Civil Surgeon and the report of
the X-ray examination.
Yours sincerely,
Rajendra Prasad
Rajkumari Amrit Kaur
New Delhi.
Enclosure not included.
93. To H.S.L. Polak
1 Queen Victoria Road
New Delhi
The 25th May 1949
My dear Mr. Polak, .
I received your letter dated the 8th May 1949 and put myself in touch with ri
Devadas Gandhi. I am sorry to report that Song Celestial was stolen from his kit
when he was returning from London. The other things, namely, the badge of the
London Vegetarian Society, copy of the Unto The Last and a number of books
with Bapu’s initials he has brought and he is keeping in safe custody. Devadas is
naturally sorry for the loss and has, I believe, already written to you.
I have secured a copy of the book Mahatma Gandhi and have gone through
only the portion written by you. That is very well written. I have not been able yet
to read the rest of it.
Correspondence and Select Documents
75
The declaration adopted at the Prime Ministers’ Conference came for
discussion on the opening day of the Constituent Assembly and was adopted
after two days’ discussion. It came up also for discussion at a meeting of the All
India Congress Committee and there also it was passed. In both the cases there was
some difference of opinion but the overwhelming majority accepted it.
Yours sincerely,
Rajendra Prasad
H.S.L. Polak, Esqr.
49 Earls Avenue
Folkestone, Kent
England.
94. From JJ. Singh
14 East 56th Street
New York 22, N.Y.
May 27, 1949
Dear Rajendra Prasadji,
Your letter of March 12, 1949, was handed over to me the other day by Dr.
S.N. Agarwal.
I was very glad to learn from Dr. Agarwal that your health has greatly
improved. I remember that the last time I saw you in New Delhi, your asthma was
bothering you quite a bit.
The other day we arranged a dinner for Dr. and Mrs. Agarwal, along with
Manilal Gandhi. This afforded them the opportunity of meeting several Indian
and American friends, which is keeping them fully occupied.
Hoping that this letter will find you in excellent health, and with my best
personal regards.
Sincerely yours,
J.J. Singh
Dr. Rajendra Prasad
President, Constituent Assembly
New Delhi, India.
76
Dr. Rajendra Prasad:
95. From Bhuwaneshwari Prasad Sinha
PERSONAL
69 Woodlands Avenue
East Orange, New Jersey
U.S.A.
May 28, 1949
Respected Sir,
By your kind blessings, backing and support, I have completed the Master of
Science degree course with double majors — one in School Administration and
the other in Health and Physical Education. The degree has been awarded to me
on May 22, 1949. H.E. Frank Carlson, the Governor of Kansas State, addressed
our Degree Convocation. In B.Sc. and M.Sc. courses 1 have been awarded
several gold medals and letters in appreciation of my work. Outside my college
hours I received military training from November 1, 1948, till May 23, 1949. 1 also
completed a course in American Scouting. You already know that I was awarded a
Fellowship of $500 dollars (about Rs. 1,700) in M.Sc.
You also know that I completed (4 years’) B.Sc. in TEN months only with a
scholarship of $535.25 dollars (about Rs.1,800). Outside my college hours (along
with my B.Sc. course) I completed a course in Corrective and Remedial Exercises
(to cure diseases) for Atypical Children and a course in Senior Life Saving and
Water Safety. (I completed both B.Sc and M.Sc. courses in about V/ years, i.e.,
in 23 months.)
Besides, I have been enrolled as a member of the (i) Association for Health and
Physical Education, New Jersey, and (ii) the International House, New York.
I left Emporia, Kansas, and arrived at New York Port. 1 am sailing today
by ss. “FLYING CLIPPER” freighter (cargo ship) and expect to reach
Bombay by the end of June 1949. (My passage has been booked through Thos.
Cook & Son, 587 Fifth Avenue, New York-17, U.S.A.)
I do not know yet in what capacity my services will be utilised by the
Government of Bihar on my return to India, but Ido hope that due to your kind
patronage I may get a decent post in Class 1. In U.S.A. many States have posts of
Directors of Health, Physical Education, Recreation and Safety. As I have
completed courses in B.Sc. as well as in M.Sc., in those broad topics, I hope that I
shall be able to render my services to the Government of Bihar or India in those
fields. Besides, as I have completed M.Sc. with double majors in School
Administration and in Health and Physical Education, I may be able to render my
service in both General Education as well as in technical Health and Physical
Education. On account of my receiving military training I may be of use and help
to our Government in the organisation of the National (military) Training
Corps or similar type of other military work.
I am very much grateful to you and also to the Government of Bihar forgiving
Correspondence and Select Documents ' '
me financial help but, however, I feel that in spite of my hard work and above-
mentioned achievements in U.S.A. the Government of Bihar did not take into
consideration my full merits and that they did not give me the same amount of
money and similar facilities which were given to other scholars of Bihar. 1 have
not been paid even the price of books, clothes, cost of my study-tours, and my
return journey expenses. My application dated 10th January 1949 has been
rejected by the Ed. Dept, of Bihar Govt. So I had to sell several of my belongings
and to borrow money to meet the expenses of my return journey, which will
amount to about Rs.2,500.
Sir, as I have completed my higher education due to your kind backing, I hope
you will be pleased to help me now so that I may get a decent post in Class 1 either
under Bihar or India Government, and also at least my return journey expenses
in order to pay off my debts.
With my most grateful thanks and sincerest regards,
Most gratefully & respectfully yours,
Bhuwaneshwari Prasad Sinha
96. To K.C. Neogy
1 Queen Victoria Road
New Delhi
The 28th May 1949
My dear Kshitish Babu,
May I introduce to you Shri Anand Mohan Sahay? He was for over a quarter
of a century in Japan where he had been doing apart from his own business much
work on behalf of India. During the war period he joined Netaji Subhas Chandra
Bose and was Secretary of his Government when it was established in Burma. He
lost much in Japan and since his return to India has had no means of making a
living. He has some property still in Japan but Ido not know when, if ever, he will
be able to get anything out of it. I have known him since 1920 when he was a
student and joined the first non-cooperation movement. We worked together for
years before he went away to Japan. He is well connected, having married the
daughter of Shri Urmila Devi, the sister of Deshbandhu Das. He has found an
opening in Japan which he will explain to you. He can take advantage of it only if
you help him. I will be therefore obliged if you kindly give him a little time and do
what you can to help him.
The Hon’ble Shri K.C. Neogy
Minister of Commerce
Government of India
New Delhi.
Y ours sincerely,
Rajendra Prasad
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Dr. Rajendra Prasad:
97. To Mohanlal Saksena
1 Queen Victoria Road
New Delhi
The 28th May 1949
My dear Mohanlalji,
I wrote to you sometime ago about a proposal that some members of the
Service Civil International, an organisation whose members devote themselves
to social welfare work, would' come and help in the rehabilitation work. I have
now received a letter from its Secretary that they will be able to send 4 to 8
experienced volunteers to India in autumn and they have already started
preparations for it. The British General Secretary of the organisation, Mr. Derek
Edwards, is in charge of the preparation. You wrote to me that you would
welcome the help and cooperation. I shall keep you informed ol further
developments in the matter.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Mohanlal Saksena
Minister of Relief and Rehabilitation
Government of India
New Delhi.
98. To Baron Allard
1 Queen Victoria Road
New Delhi (India)
28th May 1949
Dear Friend,
I have received your letter dated the 2nd April 1949* and I am glad to learn that
the “Stop War” movement is laying stress on the teachings of Mahatma Gandhi
and propagating the cult of non-violence. I am aware that Romain Rolland did a
lot to spread Mahatma Gandhi’s teachings in Europe, particularly in France.
Yours sincerely,
Rajendra Prasad
Baron Allard
16 Grand' Place, Bruxelles.
*Sec Baron Allard’s letter addressed to Gandhi Memorial Fund, dated 2 April 1949, in
Correspondence — Part II.
Correspondence and Select Documents '
99. To Dr. B.R. Ambedkar
New Delhi
The 28th May 1949
i
My dear Dr. Ambedkar, .
I am enclosing copy of a letter which I have received from the Prime Minister.
The Drafting Committee will be particularly interested in the first four paragraphs
of it. I should like to have an opportunity of meetingthe members of the Drafting
Committee to discuss the points raised therein. The other paragraphs also deserve
consideration and 1 would like to have a talk on that also.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. B.R. Ambedkar
Chairman, Drafting Committee
New Delhi.
*See Jawaharlal Nehru’s letter dated 24 May 1949 to Dr. Rajendra Prasad.
100. From Foreign Secretary, Ministry of External Affairs
MINISTRY OF EXTERNAL AFFAIRS
New Delhi
May 29, 1949
My dear Dr. Rajendra Prasad,
The Prime Minister has asked me to acknowledge receipt of your letter to him
of the 25th May, regarding certain Indian tapestries, images and manuscripts in
Tibet. We shall do all we can to persuade the authorities concerned to preserve
them. I have myself seen evidence of Tungan bigotry during my tour through
Sinkiang (Chinese Turkestan) where the images in some caves on the Ajanta
model were ruthlessly destroyed or mutilated by them.
With kind regards.
Yours sincerely,
(Sd.) Illegible ,
Foreign Secretary
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
80
Dr. Rajendra Prasad:
101. From Frances Standenath
Graz (Styria)
Austria
30th May 1949
Dear Sir, dearest brother Rajendrabhai!
I thank you heartily for your kind letter of 6th April I got in these days. I hope
you now in a good state of your health. Had you pains with the eyes like during
your staying at Graz?
I thank you very much for your giving me the advice to read Bapu’s weekly
paper published at Ahmedabad by Syt. Kishorlal Mashruwala. But having no
address I beg you to forward my letter enclosed herein.
I shall suffer from the blow having lost Bapuji, and often I cannot believe that I
can no more hear his voice and listen to his words. I still am very sorry since this
time. I send you my heartiest wishes and regards.
Yours sincerely,
(Frances Standenath)
Syt. Dr. Rajendra Prasad
1 Queen Victoria Road,jNew Delhi.
Enclosure not included.
102. From H.V.R. Iengar
No. 304/49- P.S.
New Delhi
May 31, 1949
Dear Dr. Rajendra Prasad,
This is in reply to your letter of this morning regarding Arun Chandra Narang.
We made no report against him, neither did the Intelligence Bureau. The fact
that he was at Dehra Dun and not at Poona does not make any difference from
this point of view. I suggest on the whole that it might be best to contact Sardar
Baldev Singh.
Yours sincerely,
H.V.R. Iengar
The Hon’ble Dr. Rajendra Prasad.
Correspondence and Select Documents
103. From H.V.R. Iengar
No. 305/49-P.S.
New Delhi
May 31, 1949
Dear Dr. Rajendra Prasad,
1 much regret that 1 was unable yesterday to attend the meeting of the Standing
Finance Committee as I had an important conference at the same time with Mr.
Daphtary in connection with the Mahatma Gandhi Assassination Case.
2. A deputation of some members of the staff of the Constituent Assembly
Secretariat called- on me this morning and expressed great concern at certain
orders which, they understood, you were proposing to issue regarding the
reversion to their parent offices of those who had a permanent lien on some post
or other. 1 told them that I have not yet seen the minutes and I do not know what
exactly has been proposed. This is just a line to say that I shall be most grateful
if I could be given an opportunity of commenting on the proposals before final
orders are passed.
Yours sincerely,
H.V.R. Iengar
The HonTde Dr. Rajendra Prasad.
104. From Louis Fischer
237 Madison Avenue
New York 16
June 1, 1949
Dear Rajendra Prasad,
Greetings and best wishes.
I have hesitated to write because I have heard that your health was bad and I
know that you are always busy. But yesterday Devadas Gandhi told me to write
nevertheless.
Y ou may recall that I visited you last summer. I was collecting material in India
for a biography of Gandhiji. I have now reached Champaran, in 1917. Here I
need some enlightenment.
Bapu’s Autobiography affords very meagre data on the economic basis of the
Champaran struggle. I have found additional information in your contribution
and that of Rev. Hodge in Incidents of Gandhiji’s Life. But some questions
remain.
82
Dr. Rajendra Prasad:
How big were the average peasants’ holdings and what did they plant on the
seventeen-twentieths not sown with indigo? How many peasants, approximately,
were involved in the tinkatia system; were there hundreds of thousands or tens of
thousands? Why did the peasants sign the agreements with the planters to pay for
being released from the tinkatia system? Didn’t they know of the discovery of
synthetic indigo? (Hodge speaks of this.) How many peasants signed and how
many paid? How much did they pay the landlords? All this in approximate
figures, of course.
You write that the planters have left Champaran. Was this because the
synthetic indigo had ruined them? Was there some other cause? Is indigo still
being grown in the district?
Did Bapu’s visit have any permanent effect on the villages he worked in?
I do not understand your treatment of the ‘enhancement’. Just what happened.
That is on page 270 of ‘Incidents’.
I hope you will pardon this intrusion on your life. Perhaps a secretary can
help prepare the reply. Whatever you write me will help in my book on Bapu.
Have you any letters from Bapu that go back to 1917 or later which would
throw light on his personality in that period? I will carefully return originals. I
have already done so with a number of letters which have reached me from India.
With best wishes.
Respectfully,
Louis Fischer
105. To H.V.R. Iengar
1 Queen Victoria Road
New Delhi
2nd June 1949
Dear Shri Iengar,
I have your letter dated the 31st May and I thank you for it. I am afraid there
has been some misunderstanding. Shri Mukerjee, the Joint Secretary, also told
me that what I said had not been properly understood. On my explaining to him
my viewpoint he was satisfied and gave me to understand that he would explain
the position to the members of the staff. I will certainly consult you before
passing any orders.
Yours sincerely,
Rajendra Prasad
Shri H.V.R. Iengar
Room No. 84, Kennedy House
Simla.
Correspondence and Select Documents
106. Front S.D. Bailey
83
THE HANSARD SOCIETY
162 Buckingham Palace Road
London, S.W. 1
2nd June 1949
Dear Dr. Prasad,
1 have written to you previously an airletter about the possibility of doing an
article for Parliamentary Affairs on the new Indian Constitution. I had a word
with Agatha Harrison about this yesterday, and she suggested that I should write
to you again. In previous issues of our journal we have covered the parliamentary
systems of the other Commonwealth countries, and I am most anxious to
complete the picture with an authoritative article on India. I know, of course,
how busy you are, but I think I can assure you that the work involved would be
well worth while as our journal goes all over the world. I hope you will agree to
write something, even if it is not as long as 1 originally suggested.
Y ours sincerely,
S.D. Bailey
Assistant Director
Dr. Rajendra Prasad
President, Constituent Assembly
New Delhi, India.
107. From H.S.L. Polak
PERSONAL
49 Earls Avenue
Folkestone, Kent
June 2, 1949
My dear Dr. Rajendra Prasad,
It was nice to hear from you again so soon. I hope that you are quite well, and
not too tired with all the work that you are engaged upon.
Yes, Devadas did write to tell me of the loss of the copy (signed by M.K.G.) of
the Song Celestial , apparently through theft on board his steamer. It is very
disappointing that this should apparently be the end of a treasure that I had kept
for the G. Memorial Museum all these years! But, as Devadas says, it is just
possible that a miracle may happen and the book turn up again. He has sent me a
84
Dr. Rajehdra Prasad:
copy of the illustrated catalogue of the recent exhibition of Gandhi articles in
which some of the items that I had given him appeared.
I am so glad that you liked my part of the Mahatma Gandhi book. It would
have been still more readable and interesting had we not been obliged to cut down
so heavily after all was written.
I was very pleased to see that the declaration adopted at the Prime Ministers’
Conference was accepted by so large a majority both of the All India Congress
Committee and by the Constituent Assembly. By the way, I have noted with much
admiration the heavy and excellent work that Ambedkar has put into the
drafting of the Constitution.
Is there any likelihood of your coming over here on a visit presently? You will
be very welcome. I recall the last occasion when you were over here.
By the way. I wonder if you could put in a word with whoever may be
concerned. When the new Constitution is passed and is in operation, there will
still be a number of appeals pending in the Privy Council. I do hope that they will
not be recalled to India for hearing in the Supreme Court. It would mean that a
number of the litigants, who have been put to heavy expense already, would not
be able to afford the further expense of a hearing in the Supreme Court. In almost
all the pending cases, solicitors’ costs have been incurred under theP.C. rules, as
well as much of the Counsels’ charges and P.C. Office fees, none of which could
be refunded. The result in many cases would, in effect, be a denial of justice to the
litigants. Something should be done to let these appeals be completed here and
the Orders in Council become operative in India in due course. I am not sure that
the Government of India’s legal advisers are fully aware of these consequences,
since they do not know the practical working in connection with these appeals.
Do forgive my troubling you with these matters, but I think that a personal
reference from you would be better than any approach from me.
With kind regards.
Yours sincerely,
H.S.L. Polak
108. To Jawaharlal Nehru
3 June 1949
J
My dear Prime Minister,
Please refer to your letter No. 539 dated the 24th May 1949. Although the
Constituent Assembly is making fairly rapid progress with the articles of the
Draft Constitution it is difficult to forecast when we will be able to complete
consideration ofithe whole draft. But if things go on as they are doing at present
we may hope to be able to complete the 2nd reading which we are going through
at present by the end of July at the latest, if not earlier. W e shall then require some
85
Correspondence and Select Documents
time for putting the draft in form for final consideration at the third reading.
Thereafter there will have to be an adjournment for at least a fortnight or three
weeks if not more before the third reading commences. That might take a week or
ten days. It therefore does not look possible that we would finalise the
Constitution before the 15th August. There will have to be certain steps to be
taken before the Constitution actually comes into force. I have placed your letter
before the Drafting Committee and the matter is under investigation. I would
write to you again about these steps prior to the enforcement of the Constitution
which will be considered necessary after the matter has been considered by the
Drafting Committee. It has been suggested in some quarters, however, that we
should be able to get through these preliminaries by about the end of
September and the 2nd of October will be a suitable date for bringing the
Constitution into force but this of course is only a suggestion and its feasibility
can be decided only after the investigation which is being made is completed.
As regards the Hindi version of the Constitution, 1 realise the difficulties
which you have mentioned. There is also the time factor which cannot be<
ignored. I am thinking of following something like the procedure indicated below
in this connection. The Expert Committee is revising the translation and I
propose to ask the House to appoint a Committee of its own to consider the
translation prepared by the Expert Committee. When some progress has been
made we might ask the House to set apart, say, one day in the week to consider
the Hindi version as revised by the Committee of the House and pass the
translation article by article. As there will not be any amendments on the
substance of the article and the discussion will be confined only to the language
which will have been vetted by the Committee of the House, it may be hoped that
the House would go fairly quickly over the translated version. The idea is
therefore as far as possible to pass the English draft as also the Indian version of it
more or less simultaneously, if possible. But as I have said the time factor will be
very important in following this course, and if it is found that the Indian version
is likely to take more time than I have anticipated, then it may have to be held
over for consideration by the Assembly after the English draft has been finalised.
I have said it in the House that I would like to have our Constitution in our own
language. Since the draft has been prepared in English, the English version will
have of course to be given the status of the authoritative version of the
Constitution. With regard to the Indian version we may give it also authortiy but
subject to this limitation that in case of conflict the English version will be treated
as the authoritative version for the first, say, 10 or 15 years. We might also make
the Indian version liable to amendment by an easier process so as to bring it into
conformity with the English version within this period and after that the Indian
version might be made the authoritative version or at least of equal authority with
the English version. I am suggesting this course because within 10 or 15 years the
Indian version may become crystallised and the language also may become
current in our political parlance. Within this period I anticipate the language
used in the centre will become more and more Hindi or Hindustani and people
86
Dr. Rajendra Prasad:
from the South will get an opportunity of adjusting themselves. Easy method of
amendment will enable the language of the Hindi version to be altered and
improved within this period. In Ireland I have noticed that they have had many
amendments to the Irish version without corresponding amendments of the
Constitution in English, which indicates that there also the question of language
has presented similar problems and the solution has been the same as I have
suggested above. I propose to have a note prepared on these lines for the
consideration of the Steering Committee sometime next week. In case you have
any suggestion in this connection I shall have that also incorporated in the note.
Yours sincerely,
Rajendra Prasad
The Hon’ble Pandit Jawaharlal Nehru
Prime Minister of India
New Delhi.
109. From Jawaharlal Nehru
No. 664-P.M.
. New Delhi
June 5, 1949
My dear President,
Thank you for your letter of June 4th. As regards the procedure you suggest, I
take it that we are going on from day to day till we complete the present
consideration of the Draft Constitution, probably by the end of July. I do hope
that there is going to be no gap period and any recess before then. In effect I take
it that the Constitution will be passed subject to verbal changes, arrangement,
drafting, etc. I imagine that this business of careful drafting will take much more
than two or three weeks. It may take at least six weeks or even two months. After
the final passing of it at what is called the third reading, we have to consider the
date for its being put into practice. Ido not myself see how this can be much
earlier than November. I take it that if the Assembly meets for the last time for the
third reading, it will take a few days and the date we fix must be some distance
ahead to allow for various preparations to be made. If the date falls somewhere in
November or December, then probably it will be suitable to fix the 26th January,
which is from every point of view an auspicious day. However, this can only be
considered after we have finished the second reading and know exactly where we
are.
As regards the adoption of a Hindi version of the Constitution, I confess, I
rather doubt the feasibility of the proposal you make, that is that a day in the
Correspondence and Select Documents
87
week should be set aside for considering the Hindi version. Apart from this
delaying the consideration of the English draft, I am sure. this consideration of the
Hindi translation will be no simple matter and will give rise to fierce argument at
every step and on almost every word. It will thus tend to raise passions which will
be reflected in the consideration of the English version and delay matters there.
Looking at the Hindi version as originally prepared, I am completely at sea
because I do not understand it at all.
I think it is inevitable that the English Constitution should be considered the
authoritative one. Many years after, the Hindi version may have equal or greater
authority. You mention the case of Ireland. I might inform you that I had a talk
about this with the Prime Minister of Ireland and he told me that they found it
very difficult to carry on with Gaelic and were reverting more and more to
English. In fact they had always used far more English than Gaelic. During my
stay in Dublin, I visited the Dail. Every speech and question was in English, as
well as the answer. Formally by law they have named their country now Ireland
and not Eire.
Yours sincerely,
Jawaharlal Nehru
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road, New Delhi.
HO. From Vishva Bandhu Shastri
THE VISHVESHVARANAND VEDIC RESEARCH INSTITUTE
, No. 3128
Sadhu Ashram
Hoshiarpur
June 7, 1949
My dear Doctor Sahib,
I believe that my letter of April 21 in reference to your kind letter of April 1 8 as
well as my letter of May 13 duly reached your hands and you have since been able
to do the needful in the matter.
I understand from the latest communication from the Education Ministry that
they probably contemplate extending some additional help to the institute which
falls too short of our demand. I have therefore addressed another letter to them
and in enclosing herewith a copy of the same for your kind information, I feel
that I cannot do without seeking your further help in the matter at this juncture.
5 ^ Dr. Rajendra Prasad:
For, I do not find myself equal to the task of carrying on the work without
proper financial backing by our National Government - .
After the Partition, I stuck to Lahore for about six months as I felt that my vast
research materials belonged to the Indian Nation and I must not cross the border
before seeing that the last paper had been successfully smuggled out and
reached the sacred soil of India. And now if the Nation do not find it feasible to
let me work on these materials with perfect freedom from financial worry, I would
rather prefer that they take over from me the charge of these huge piles and do
what they like with them.
I do hope that you will kindly excuse me for the above somewhat emotional
expression and oblige me by kindly interceding immediately, for it is just the
proper moment for it.
With kind regards,
Yours sincerely,
Vishva Bandhu Shastri
Hon. Director
The Hon’ble Dr. Rajendra Prasadji
1 Queen Victoria Road
New Delhi.
Enclosure:
(Copy of D.O. No. 3 120 dated 6-6- 1949 from Shri Vishva Bandhu Shastri, M. A.,
M.O.L., Hon. Director, V.V.R. Institute, Sadhu Ashram, Hoshiarpur, to Shri
M.N. Masud Sahib, Private Secretary to the Hon’ble Maulana Dr. A. Azad,
Ministry of Education, Government of India, New Delhi)
Many thanks for your kind and reassuring letter of May 18 as well as for one
dated May 19 which you wrote to Shrimati Rameshwari Nehru on the same
subject and which she has since passed on to me in original.
I am extremely thankful to the Hon’ble Maulana Sahib in that he “wants to
help the institute in order that the work which it has undertaken may be carried
on” and, also, for the great effort that the Ministry is making to see that the work
of the Institute “does not suffer for lack of funds”.
I quite appreciate the difficulty of the Ministry in that they have not been
provided with funds fully commensurate with their requirement during the
current financial year. Indeed, when our deputation waited upon the Hon’ble
Maulana Sahib in January last, he clearly referred to this aspect of the matter,
but still was pleased to extend the kind and full assurance that the work of the
Institute would in no case be permitted to suffer for lack of funds. It was in this
context that it was submitted to him that the running expenses of the Institute
would approximate Rs. 1,00,000 per annum as they did at Lahore, but that the
Correspondence and Select Documents
89
work could be continued if the Central Exchequer subsidised it even to the extent
of Rs.50,000 per annum, for, in that case, it was hoped that the Provinces might
extend their help towards fulfilment of the remaining need.
Therefore, it will be highly appreciated if the Ministry be pleased to treat our
case as a very special one for a period of at least ten years during which the
aforesaid financial facility may kindly be extended to us. Otherwise, it is feared
that it may not be practicable fully to reorganise the institute and, thereby, to
exploit the huge research materials compiled during the past quarter of a
century and to see to the end of the Herculean undertaking which, as patent from
the Paris Congress resolution, the entire world of Oriental Scholarship is so
keenly interested in seeing duly completed.
I am deeply grateful to the Hon’ble Maulana Sahib and his Secretariat for the
great interest being taken in the matter and feel confident that at a very early date
final decision will be taken to the maximum possible benefit of this great cultural
cause.
111. From K. Santhanam
New Delhi
7th June 1949
My dear Sir,
As I was absent on tour, I regret there has been some delay in taking action
on your suggestion regarding passes of Sjt. Vinoba Bhave and Sjt. Kaka
Kalelkar.
We have decided to issue the passes to both. Kindly let me know the addresses
to which the passes have to be sent. I would also like to know if it will be sufficient
if the pass provides for 1 Class accommodation for the holder with two servants or
assistants accompanying him in Class III. These are the usual conditions under
which passes are issued; but if you want any different arrangement, I shall
consider it.
With high regards.
Y ours sincerely,
K. Santhanam
Minister of State, Transport & Railways
The Hon’ble Dr. Rajendra Prasad
New Delhi.
90
Dr. Rajendra Prasu
112. From Mohanlal Saksena
GOVERNMENT OF INDIA
(MINISTRY OF REHABILITATION)
D.O. No. I445/PSMR
New Delhi
June 8th, 1949
My dear Rajen Babu,
This is to request you to perform the opening ceremony of the Shopping
Centre at New Delhi Northern Extension Colony, on Thursday the 30th June
1949, at 6.30 p.m. This was the first Housing Colony sponsored by the Ministry
and its foundation stone was laid by Pandit Nehru on 7th July 1948.
I hope you will find time to perform the Opening Ceremony.
Yours sincerely,
Mohanlal Saksena
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
113. To the General Secretary , Natal Indian Congress
l Queen Victoria Road
New Delhi
1 0th June 1949
Dear Sir,
It is now evident that South Africa’s policy of racial discrimination is basically
responsible for the recent riots in Durban. The Fascist doctrine of race hatred
which the Malan Government openly professes is likely to embitter further the
relations between the different races inhabiting South Africa. The Indian
community, therefore, should be on guard lest conflict with the native
population should strengthen the hands of the European reactionaries. It is clear
by now that only a united stand by the coloured population in South Africa can
foil Malan’s game. I hope that the Natal Provincial Conference meeting on June
24 would pay due attention to this unity between the Indians and natives. I send
my best wishes for the success of your conference.
Yours faithfully,
Rajendra Prasad
The General Secretary
Natal Indian Congress
Post Box No. 2299, Durban
South Africa.
Kasturbhai Lalbhai, Chairman of the Industrial Committee of the Mahatma Gandhi Memorial
Fund, presenting cheques of the value of over Rs. 5 crores to Dr. Rajendra Prasad, Chairman of
the Fund, at a ceremony held at New Delhi on 16 April 1949
Correspondence and Select Documents
114. To Vallabhbhai Patel
91
1 Queen Victoria Road
New Delhi
1 1 June 1949
My dear Vallabhbhai,
Two days ago Satyanarayan Babu conveyed to me your message suggesting
that 1 should issue a statement contradicting what has appeared in the Blitz and
other papers. It is just today that I have been able to get hold of a copy of it and
taken note of it. I met Rajaji day before yesterday. He told me the same thing. I
readily agreed to issue a statement. I tried to get a copy of the Blitz but did not get
it yesterday, still I wrote out a short statement and showed it to Jawaharlalji who
approved it and sent a copy to Rajaji for his approval. As soon as I get it from
him, I will send it to the Press. I am enclosing a copy.
But it seems to me that there is nothing for me to contradict in the statement in
the Blitz. There is no allegation against me. There are three parties against whom
allegations are made. Firstly, the members of the Constituent Assembly who are
divided into two groups alleged to be canvassing in favour of the two contestants;
secondly, you and Jawaharlalji who are said to be supporting one; and lastly one
of the so-called contestants who is said to have done so many improper things.
Therefore, although I have issued the statement it is not really and cannot be a
contradiction of what is alleged in the issue of the Blitz. That contradiction, if any
has to be made, can only come from the three parties concerned. Anyhow, it is a
most sorry business that people should indulge in this kind of propaganda. I am
told some other papers have also written. Rajaji himself mentioned to me two
papers but 1 have not seen them and do not know what they have said.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Vallabhbhai Patel.
Enclosure:
(Statement issued by Dr. Rajendra Prasad)
1 am surprised to sec that someone has started the stunt that there are two
contestants for the high office of the President of our Republic when the new
Constitution comes into force. There is no foundation for this. I deprecate
discussion of individuals in connection with such a high post. There is and there
can be no question of any rivalry between Rajaji and myself for any post or
honour. I would, therefore, wam the public not to be misled by any propaganda
of this nature and request all not to indulge in it.
92
Dr. Rajendra Prasad:
115. To Mohanlal Saksena
New Delhi
13th June 1949
My dear Mohanlalji,
P. Balkrishna Sharma saw me yesterday and told me that there is much
misunderstanding about the action being taken by the Government to rehabi-
litate the Meos in Alwar and Bharatpur areas. When I explained to him
what was being done he appeared to be satisfied but suggested that to allay public
misapprehension a statement explaining the position should be issued by me to
the Press. I do not know what you think about the suggestion and the whole
situation. In case you think that such a statement by me is required, I shall have
no objection. But in that case I shall request you to let me have a note giving all
relevant facts. Perhaps one of your secretaries could give me the necessary and
relevant information in a note. But this will be required only if you think I should
issue a statement.
Yours sincerely,
Rajendra Prasad
The HonTde Shri Mohanlal Saksena
Minister for Relief and Rehabilitation
Government of India
New Delhi.
116. To Louis Fischer
I Queen Victoria Road
New Delhi
The 1 3th June 1949
My dear Mr. Fischer,
I have received your letter dated the 1st June and give you the information as
far as I can from memory. The tenants used to grow other crops like paddy,
maize, wheat, barley, etc., on the remaining 17/ 20ths of their holdings, 3/20ths
being cultivated with indigo. I cannot give the number of peasants involved but it
must have been in hundreds of thousands. There was hardly any peasant who was
not under this obligation. The population of the district of Champaran was over
2 million and most of the people were cultivators of land. The agreement which
the planters got from the peasants for increase in their rent in lieu ofTinkatia(i.e„
obligation to grow indigo on 3/20ths of thier holdings) was obtained by force and
coercion. Manufacture of indigo had ceased to be a profitable industry for the
93
Correspondence and Select Documents
indigo planters on account of the introduction of synthetic dyes early in the 20th
century and they were anxious to avoid the consequent loss which they
apprehended. They took advantage of a provision in the land tenancy law which
laid down that if a tenant was under obligation to grow a particular crop for the
benefit of the landlord, the landlord could claim an unlimited enhancement in
rent in lieu of giving the tenant freedom from the obligation to grow that
particular crop notwithstanding another provision of the law which limited
enhancement in rent to \2 l /2% of the existing rent and that only after a lapse of 20
years'and only when it was shown that there had been a general rise in the price of
foodgrains. Under this limitation, landlords could not claim any enhancement
at all if there was no general rise in the price of foodgrains calculated on the basis
of the average of ten years’ rent and if they could claim any enhancement under this
clause they could get it by private agreement with the tenants but subject to the
maximum of 12'/ 2 %. Both these limitations could be got over if the enhancement
was agreed to in lieu of freedom from obligation to grow a particular crop. This
particular section in the tenancy law had been introduced some 50 years earlier at
the instance of the planters themselves and they took advantage of this at that
time. The tenants knew that indigo manufacture had ceased to be a profitable
business and they were shrewd enough to understand that sooner or later the
planters would have to give up that business and they could never have agreed
willingly to a permanent unlimited enhancement in their rents. They were
coerced in various ways which I have described in great detail in a book which I
have written. Shortly, they instituted false criminal prosecutions against them,
had them beaten, their houses were looted, their cattle impounded, they were
socially boycotted by withdrawing from them certain essential services like the
services of carpenters and blacksmiths to repair their agricultural instruments, of
barbers to shave them, of cobblers to supply them with leather goods which they
required for their agricultural purposes, of midwives, forceful occupation of their
lands, etc. They were cowed down and were unable even to lodge complaints
against this tyranny and oppression in courts. The Government on the other
hand helped the planters by appointing a number of special registrars to register
the agreements. Under the law, these agreements were required to be registered
before an official who was known as Registrar of Documents. The Government
posted these additional registrars at the very places where the planters had their
offices. As thousands and thousands of documents had to be registered the
ordinary staff could not deal with them and therefore additional registrars were
posted at each factory and they quickly registered the documents. This is how
these agreements were executed and got. I cannot give the number of the peasants
who signed these agreements but you can have an idea that the amount of
additional income derived on account of the enhancement of rent by reason of
these enhancement agreements was about 60% of the existing rent. Some 30,710
enhancement agreements were executed between 1912 and 1914. The total
amount of enhancement of rent in rupees was anything between 2 and 3 hundred
thousand annually. Where the planters did not get this permanent enhancement
94
Dr. Rajendra Prasad:
they realised cash compensation which they called Tawan and it was estimated at
the time that the cash so realised was about Rs. 1 ,000,000. All this was not paid in
cash. Where the tenants were unable to pay in cash in one lump sum, they
executed bonds which were realised later on by instalments in due course. The
Tawan as the compensation was called was realised on an average of about Rs.50
to Rs.60 per acre on which the tenant was supposed to be under obligation to
grow indigo.
There is no indigo grown there now or anywhere else so far as I know. The
planters realised that on account of the legislation which the Government passed
as a result of Mahatma Gandhi’s movement abolishing compulsory growing of
mdigo under Tinkatia system, they could not carry on in any other way and they
were anxious somehow to get out of the difficulty which was thus created. The
tenants on their side were anxious somehow or other to get rid of them. The
planters found that with the loss of their prestige and with the advent of synthetic
dyes they could no longer profitably grow indigo and agriculture like the
ordinary agriculturists was equally unprofitable for them. They therefore began
to sell their lands in small bits which the tenants were only too glad to purchase.
So whatever land they possessed of their own they sold in this way and got good
price for it and went away happy. A few of them converted their factories into
sugar factories and their indigo plantations into sugarcane plantations and they
are still there but they do not have any of their old influence or prestige and are
carrying on like any other owner of a sugar factory of which we have many in that
district owned by Indians. I look upon this settlement of indigo trouble there as a
very effective illustration of the working of Gandhiji’s principle of non-violence.
When he went there he declared that he had no enmity with the planters but only
wanted to stop their inequities. The planters were happy to get out of the
situation which was becoming more and more difficult for them and the tenants
were happy to get rid of their oppression. Both were pleased with the end of the
system.
Mahatma Gandhi was in Champaran for a short period and busy with the
enquiry and therefore the institutions which he established there towards the end
of his stay did not flourish and leave any permanent effect in the way in which one
would expect an institution to leave on the people who grow under its influence.
But it was not only in Champaran but in the whole Province of Bihar which was
till then regarded as one of the most backward Provinces in India that there was a
great awakening amongst the masses at large and this awakening has remained
all through the movements which Mahatma Gandhi led in India during later
years. From being one of the most backward Provinces, Bihar came out as one of
the most advanced Provinces in Gandhiji’s movement.
I have no letters of Bapu but I had in my possession all the correspondence
which then passed between him and the Government officials and the other
papers relating to Champaran but unfortunately during the period when we were
in jail and when the Ashram where we used to live was under police possession for
years, these papers were destroyed or at any rate I am not able to trace them and
Correspondence and Select Documents '
so very valuable material dealing with those early days is now lost. I am hoping
however that it may be possible to reconstruct the old things from various
sources.
The book which I wrote in 1919 and which was published in 1922 is now out of
print but I have just heard that the Navjiwan Press, which publishes Mahatma
Gandhi’s writings, is bringing out a new edition. As soon as it is available, 1 will
send you a copy.
Yours sincerely,
Rajendra Prasad
Louis Fischer, Esqr.
237 Madison Avenue
New York 16.
P.S. I am sending in a separate cover copies of a series of articles which were
written by me and published in 1931. You may get some more details from these
about Champaran as also a comprehensive view of how Mahatma Gandhi
worked in those days.
Rajendra Prasad
13.6.
117. To Dr. N.K. Menon
I Queen Victoria Road
New Delhi
13th June 1949
Dear Sir,
This is with reference to your letter dated 19th May to the President, Gandhiji
World Peace Mission, Sevagram, Wardha, forwarded through the Secretary of
the Ministry of External Affairs, Government of India, New Delhi. It was, in
ordinary course, formally sent to Sevagram but as there is no such organisation,
friends there have sent it to me for disposal as the President of the Gandhi
Smarak Nidhi (Gandhi National Memorial Fund Trust), an all-India
organisation, of which I am the President and some of our top-ranking
countrymen including Pandit Jawaharlal Nehru, Sardar Valla bhbhai Patel, etc.,
its Trustees. This Trust has, for its object, perpetuation of the memory of
Gandhiji by furthering the various items of his Constructive Programme and
such other means as the Trustees may approve. There is no such organisation as
the Gandhiji World Peace Mission, of which I am the President, and the
Honourable Pandit Jawaharlal Nehru, the Secretary. I also do not know
Dr. Rajendra Prasad:
anybody by the name of Major Prasad nor has he been sent abroad on our
behalf.
Yours sincerely,
Rajendra Prasad
Dr. N.K. Menon, M.D.
73 Perak Road
Penang (Malaya).
118. From Vallabhbhai Patel
Dehra Dun
14 June 1949
My dear Rajenbabu,
Thank you for your letter of 11 June 1949. I have now seen the Press
communique in the papers.
I approached the matter entirely from the point of view of two distinguished
personalities of the Congress, whose names were becoming the centres of
controversy in the Press. At present, it had only affected a handful of papers. I
thought it would not look nice if the controversy spread, particularly when it was
without any substance. The Governor-General was obviously not in a position to
issue any statement; the only other person who was free to do so was yourself,
and I thought it would look more dignified as well as proper if the communique
was issued by you. Hence my request through Satyanarayan Babu. I am very glad
that you have acceded to it.
Y ours sincerely,
Vallabhbhai Patel
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
119. To S.D. Bailey
1 Queen Victoria Road
New Delhi (India)
June 15, 1949
Dear Sir,
Many thanks for your letter dated the 2nd June for an article for the
Correspondence and Select Documents
Parliamentary Affairs on the new Indian Constitution. The Constituent
Assembly of India has been considering the Draft Constitution and has done
nearly three-fourths of it. It is adjourning now for a few weeks and will take up
the remaining articles of the draft in the latter half of July . I am hoping that in this
interval it will be possible for me to write out an article for the Parliamentary
Affairs. I am afraid, I have mislaid your previous letter. I shall be obliged if you
let me know the space that you could be able to spare for this article and the time
by which I should send it to you.
Yours sincerely,
Rajendra Prasad
The Assistant Director
The Hansard Society
London.
120. To H.M. Patel
1 Queen Victoria Road
New Delhi
June 17, 1949
My dear Mr. Patel,
I mentioned to you yesterday the case of a young man, Virkishorc Prasad
Sinha, of the Royal Indian Military College, Dehra Dun, who seeks admission in
the Inter-Services Wing, 2nd Course, July 1949. His application has been turned
down by the 14th Services Selection Board who have informed him that his grade
is not likely to be considered for acceptance at the Army Headquarters on the
existing standard. While the standards must be maintained, cases of individual
candidates have to be sympathetically considered specially when they belong to a
Province like Bihar which has practically no representation at all in the Army as a
result of the deliberate policy introduced after the rebellion of 1857 to exclude
Biharees on account of a very prominent part which they had played in that
rebellion. Now that the cause which led to their practical exclusion has
disappeared, boys from that Province should be given an opportunity to make up
the loss. I am told a good number of admissions are going to be made and it
should not be impossible to admit this young man unless he is a bad misfit. 1 hope
you will not mind the trouble that I am giving you and look into the matter and
help him.
I am giving the details to enable you to trace his case. Name— Virkishorc
98
Dr. Rajendra Prasad:
Prasad Sinha, applicant for the Inter-Services Wing, 2nd Course, July 1949,
found not up to the mark by the 14th Services Selection Board, Lucknow.
Yours sincerely,
Rajendra Prasad
Shri H.M. Patel. C.I.E., I.C.S.
Defence Secretary
New Delhi.
121. To Dr. John Matthai
1 Queen Victoria Road
New Delhi
June 17, 1949
My dear Dr. Matthai,
I wrote to you on the 22nd February 1949 about Mr. Kesha va Dayal whose
petition has been pending since November 1947. I requested you to be good
enough to look into the matter. I understand that nothing has so far been done. I
know you must be very busy preparing for your visit to London but this is to
request you to look into the matter yourself, if not now, after your return, so that
justice may be done. I am enclosing copy of my previous letter.
Yours sincerely,
Rajendra Prasad
The HonTjIe Dr. John Matthai
Minister for Finance
New Delhi.
Enclosure not included.
122. From K. C. Neogy
D.O. No. MM/265/49
New Delhi
The 18th June 1949
My dear Rajen Babu,
Thank you for your letter of the 28th May, introducing Sri Anand Mohan
Sahay.
Correspondence and Select Documents
99
He had been to see me and I gathered he wished to be considered for a post
abroad if that were possible. On this point, I am afraid the position is rather
difficult, for recruitment to such posts is now ordinarily made from among
officers of the Foreign Service who have to be selected by the Public Service
Commission.
Regarding his business contacts, I asked him to see the Chief Controller of
Imports, who has explained to him that owing to our exchange position, we do
not at present issue any licences for the imports of cement from Japan. Japanese
exchange is at present as difficult as dollars and owing to extreme stringency, we
are compelled to ban the import of many essential commodities, apart from
cement, from dollar areas and Japan. The Chief Controller has suggested that he
might import cement from soft currency countries under the new O.G.L. No. XV
or else he might wait till about the end of July when, after a review of our
payment position, it would be possible to say whether imports from Japan could
be permitted.
I am so sorry I have not been able to be of any immediate assistance.
Yours sincerely,
K.C. Neogy
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
123. From Mohanlal Saksena
MINISTRY OF REHABILITATION
D.O. No. 1559/PSMR
New Delhi
June 18th, 1949
My dear Rajen Babu,
Please refer to your letter dated 13th June 1949.
As desired, I enclose a note orf the rehabilitation of Meos in Alwar and
Bharatpur. I trust you will find it useful.
Y ours sincerely,
Mohanlal Saksena
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
102
Dr. Rajendra Prasad:
representing his case for further grant. Will you kindly look into the matter and
see if anything even in the stringent financial condition could be done to help
him?
Y ours sincerely,
Rajendra Prasad
126. To Dr. Syama Prasad Mookerjee
1 Queen Victoria Road
New Delhi
19th June 1949
My dear Dr. Syama Prasad,
Attached herewith I am sending you a letter which I have received from Dr.
C.D. Deshmukh, who is a Professor of Philosophy in the Vidarbha
Mahavidyalaya, Amraoti (Berar), regarding the facilities for the Meher
Publications to publish Shri Meher Baba’s literature for such consideration as it
deserves.
Y ours sincerely,
Rajendra Prasad
The Hon’ble Dr. Syama Prasad Mookerjee
4 King Edward Road, New Delhi.
Enclosure not included.
127. To K. Santhanam
1 Queen Victoria Road
New Delhi
19th June 1949
My dear [Santhanam,]
This is with reference to your letter dated the 7th instant. I had sent a copy of
your letter to Shri Kaka Saheb Kalelkar enquiring as to what arrangement he
would like to be made for his pass. Attached herewith I am sending you a copy of
his reply to me.
Correspondence and Select Documents
I have not as yet heard anything from Shri Vinoba Bhave. As soon as 1 have
received a letter from him, I shall pass it on to you.
Yours sincerely,
Rajendra Prasad
The Hon 1)16 Shri K. Santhanam
Minister of State for Railways
Government of India
New Delhi.
Enclosure not included.
128. From Dr. John Matthai
No. 4275-PSF/49
New Delhi
June 20, 1949
My dear Dr. Rajendra Prasad,
1 am in-receipt of your letter of the 12th June 1949 enquiring whether anything
could be done to rehabilitate the Calcutta Commercial Bank and the Pioneer
Bank, Calcutta, so as to assist the refugees from Eastern Pakistan to West
Bengal, as well as the Gandhi Smarak Nidhi, to recover the deposits made with
these banks. Both the Calcutta Commercial Bank and the Pioneer Bank
suspended payment in September 1948. An attempt by the Reserve Bank to
inspect these banks had to be abandoned for want of returns, books, etc., and
irregular attendance of the staff. The Calcutta Commercial Bank’s application
for a sanction of a scheme of arrangement is under the consideration of the
Calcutta High Court and will come up for hearing on the 27th June 1949. As
regards the Pioneer Bank, there is no recent information. We would certainly
consider the possibility of the rehabilitation of these banks when the Reserve
Bank’s report on their affairs is received, but I am afraid I cannot hold out any
hope at present that it will be possible.
Yours sincerely,
John Matthai
Finance Minister
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
104
Dr. Rajendra Prasad:
129. From Dr. John Matthai
No. 428 1 -PS F/ 49
New Delhi
June 20, 1949
My dear Dr. Rajendra Prasad,
Will you kindly refer to your letter of the 1 7th June regarding Keshava Dayal?
I am sorry I could not reply to your earlier letter of the 22nd February 1949. 1 had
the matter referred to the Auditor General, under whose administrative control
Mr. Keshava Dayal is working, for his remarks, and I had expected to write to
you as soon as a reply was received from the Auditor General. Unfortunately, the
Auditor General has not yet written to me in the matter. He has, however, been
reminded more than once, and I understand that he has looked into the matter
personally on his recent visit to Allahabad and will be able to give his final views
at a very early date. I hope that by the time I return from the U.K., I shall be in a
position to send you a final reply.
Yours sincerely,
John Matthai
Finance Minister
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
130. ToN.V. Gadgil
1 Queen Victoria Road
New Delhi
The 22nd June 1949
My dear Gadgil,
I have received a letter from Syt. Gyan Saha, Managing Director of the Bihar
United Insurance Co. Ltd., Patna, in which he complains that a house the United
Insurance Co. has purchased is in the possession of the Central Public Works
Department at Patna and they are not prepared to give occupation. The matter
has been dragged on for a long time and the company is being put to loss and
inconvenience. Mr. Tazammul Hussain has also written and spoken to you about
it. A representation has been sent to you by Mr. Gyan Saha, the Managing
Correspondence and Select Documents ’
Director. May I request you to look into the matter and see that justice is
done?
Yours sincerely,
Rajendra Prasad
The Hon’ble Sri N.V. Gadgil
Minister for Works, Mines & Power
Government of India
New Delhi.
131. To Jairamdas Doulatram
1 Queen Victoria Road
New Delhi
The 23rd June 1949
My dear Jairamdasji,
The question of stopping the export of cattle from the East Punjab to other
Provinces has been hanging fire for a pretty long time. One of the reasons why this
has been pressed is that when superior quality cattle are taken to places like
Calcutta and Bombay they are practically rendered useless if not slaughtered
after one or two lactations at the most, thus causing irreparable loss to the
country of its best milch cattle. Calves are destroyed as soon as they are born just
to enable the owner to get the utmost quantity of milk that he can out of the
animal. The destruction of calves is another source of irreparable loss. I am told
that a request has been made by the East Punjab Government to stop export of
such cattle for a period of six months experimentally after which period the
decision of a more permanent nature may be taken allowing such exports on the
basis of permits or quota system. I hope the question will receive your
consideration and this wanton destruction of the best cattle in the country will be
restricted if not stopped altogether.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Jairamdas Doulatram
Minister for Food and Agriculture
Government of India
New Delhi.
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Dr. Rajendra Prasad:
132. From Brahmachari Rajkrishna
THE BHARAT SEVASRAM SANGH
Post Box No. 1641
Nairobi, East Africa
The 23rd June 1949
Dear Sir,
It gives me great pleasure to let you know that the Indian Cultural Mission
deputed by the Bharat Sevasram Sangh has completed its successful tour of East
Africa making intensive moral and cultural propaganda since one year. It has
also established a branch-centre in Nairobi, the capital city of East Africa, to
continue its preaching and propaganda, permanently, in this continent.
The main objective of the newly established centre of the Sangh will be to
desseminate the broad synthetic and comprehensive aspects of the Indian culture
to all the communities of East Africa so that it may help to create a liberal
outlook and a sense of unity amongst the inhabitants of this country on a cultural
background.
We hope, your good wishes and hearty blessings will help the Sangh’s new
branch to fulfil its mission.
With namaste,
Yours sincerely,
Brahmachari Rajkrishna
Hon’ble Dr. Rajendra Prasad
New Delhi.
133. To Abul Kalam Azad
1 Queen Victoria Road
New Delhi
The 24th June 1949
My dear Maulana Saheb,
There is a large number of manuscripts of great value lying about in various
places in the country and in the neighbouring countries like Nepal, Tibet, etc.
These have a great historical interest for our country and should as far as possible
be collected, preserved and catalogued. A great deal of such literature has gone
away to England and other countries but what remains should be preserved. I
believe, many of the States have got such collection of historical material but as
the rulers have ceased to rule all of them will lose interest in them and so very
107
Correspondence and Select Documents
valuable material may deteriorate. I would, therefore, suggest that steps may be
taken by the Government to collect and preserve them. Steps should be taken for
the preservation of even such as have to be left where they are. A catalogue is
absolutely essential. May I therefore request that the Government may depute
some of its officers to do this work of national importance? The archaeological
department or the department which is in charge of the archives might undertake
it and if necessary a few special appointments may be made in this connection. As
it is a matter of public importance I thought it necessary to draw your attention to
it, although I know that you are also interested in it.
Yours sincerely,
Rajendra Prasad
The HonTde Maulana Abul Kalam Azad
Minister for Education
New Delhi.
134. From B. Malik
High Court
Allahabad
June 25, 1949
My dear Rajendra Babu,
1 have been following the proceedings of the Constituent Assembly relating to
High Courts as published in the Press. I have heard that there are certain
proposals for reduction of salaries of Judges and also of the present incumbents.
I am enclosing a note on certain points. I hope you will kindly consider them and
give us your valuable support. My anxiety is that the judiciary may be able to
maintain its position and prestige and discharge its duties efficiently and with
independence.
With respects,
Yours sincerely,
B. Malik
Chief Justice, Allahabad High Court -
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
New Delhi.
Enclosure:
(Note on the salary and pension of Judges)
1 . If Judges recruited from the Bar are made to retire at 60 they are not likely
to earn a substantial pension. The J udges recruited from the Provincial Judicial
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Dr. Rajendra Prasad:
Service earn a pension of only Rs.790 in the United Provinces whatever may be
the length of service. With the present high prices retired Judges would find it
very difficult to live on their pension. A substantial increase in the rate of pension
is, therefore, necessary. The pension should be made income-tax free.
If the Judges after retirement are not allowed to practise before any court or
authority in the interest of the dignity of the office it is necessary that they should
be paid a pension which will enable them to live in moderate comfort and
maintain the dignity and the position of the office which they had held.
It may be pointed out in this connection that in the United States pension is
equal to the salary and a Judge retires when he is unfit for work. In England it is
two-thirds of the salary.
2. Retired Judges used to be appointed in the High Courts of Indian States.
There would probably be the same age restriction for the State High Courts and
if the Judges are not allowed to practise anywhere or appear before any authority
they will have to sit at home and live on their pension. Unless substantial increase
is made in the pension that is paid to the Judges the restriction against practice
should be confined only to the Province where a Judge had held office.
3. There was no statutory age limit up to 1935. It was for the first time
introduced in the Government of India Act of 1935 and 60 was fixed as the age of
retirement for High Court Judges and 65 for Federal Court Judges. Before 1935
the Judges at the time of appointment were required to give an undertaking that
they would retire at the ages mentioned above. This system had worked
satisfactorily from 1905 to 1935. It had one advantage, that of flexibility. If a
short extension made a substantial difference in the pension or without a few
months’ extension the minimum pension would not be earned such extensions
were granted on the recommendation of the Chief Justice, I do not remember
any case where any extension beyond two years was ever given.
I do not know why it is necessary to fix an age limit in the Constitution. If,
however, it is considered necessary that there should be an age limit prescribed
for retirement, I would suggest that a negative provision be made so that the age
of retirement for High Court Judges and Supreme Court Judges may not be fixed
below 60 and 65 respectively. The undertakings will have to be given to the
President at the time of the appointment. This would have the advantage of
introducing a certain amount of flexibility and, apart from the cases in which
extensions are granted to earn a pension, it would enable the age limit to be raised
without much difficulty if from experience it appeared that younger men of
suitable calibre were not available and the Judges holding office could work
efficiently up to the age of 62 or 63.
4. If the age of retirement is left at 60, as at present suggested, it would cause
great hardship if lawyer Judges are not allowed to practise anywhere or appear
before any authority. This provision appears to be too drastic and, if this is
accepted, compensation by way of increased pension is absolutely essential. At
60 the majority of them are fit for work and if this drastic provision is introduced
in the Constitution the compensating factors of a better pension and increased age
Correspondence and Select Documents
109
of retirement should be introduced.
5. With the increased income-tax and high prices a Judge’s salary today does
not amount to much. In England the Socialist Government are thinking of
increasing the salary of Judges. There is no cause for a reduction in India. It is
essential that High Courts should be able to maintain their old standards and
should have the best men. The Judges have to maintain a certain standard of
living in the interest of the administration of justice itself. This can only be
possible if salaries paid are such that the Judges are able to maintain the standard
of living expected of them. If anything, the salary which was fixed three-quarters
of a century ago and was then free of income-tax should be increased rather than
decreased. In any case there is no reason for reduction of salary of Judges of the
High Court below Rs.4,000.
If the salary is reduced to Rs.3,300 then the Judges should be compensated by
being given other amenities such as free and furnished houses, etc.
The reduction in the salary would not mean a saving of more than Rs.75,000
or a lakh in the year for the whole of India.
6. The position of a Chief Justice of a Province is very important. He must
command respect of the Bench and the Bar. He has to do a lot of administrative
work. The difference of Rs.l ,000 between a Chief Justice’s salary and a Judge’s
salary is proper. To give the Chief Justice merely an allowance of Rs.250 is
absurd.
There should be no reduction in the salary of the Chief Justice. If the salaries
are reduced there should be a substantial difference between the salary of the
Chief Justice and that of the Judges, and the Chief Justices should also be
compensated by being given other amenities such as free and furnished houses.
The Chief Justices of at least the important High Courts such as Calcutta,
Bombay, Madras, Allahabad, Patna and East Punjab should get the same salary
as the Judges of the Supreme Court.
7. The salary fixed for the Judges of the Supreme Court must be such as to
attract the best talent in India and to make^drastic reduction in the salary of the
Judges of the Supreme Court in these days of high prices and high income-tax is
most improper. If the salary must be reduced from Rs.5,500 to Rs.4,000, they
should by way of compensation get additional allowances for house rent etc. to
make up for the reduction.
The same remarks would apply to the salary of the Chief Justice of India.
8. Chief Justices of the important High Courts should be ex-officio Judges of
the Supreme Court. This would improve the tone of the High Courts as the Chief
Justices would come in touch with each other and with the Judges of the Supreme
Court. This would have the additional advantage that the status and position of
the High Courts would not be lowered by reason of there being a higher court in
the land and the High Courts would be more intimately in touch with the
Supreme Court. It would be a calamity if the position and prestige of the
Provincial High Courts are lowered. The raising of the position of the Provincial
High Courts would not in any way interfere with the position and prestige of the
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Dr. Rajendra Prasad:
Supreme Court.
9. There is no valid reason for making a distinction in the age of retirement fixed
for the Judges of the High Court and the Judges of the Supreme Court.
10. The subordinate judiciary — both civil and criminal— should be placed
under the control of the High Court and the High Court should have the power of
their transfer etc. This has been suggested in Chapter VIII by the Drafting
Committee in Articles 209 (A), (B) and (C).
11. The amended Article providing for the officers and the servants being
appointed by the Chief Justice in consultation with the Public Service
Commission of the State will not work satisfactorily. As the two words ‘officers’ and
‘servants’ have been used, the word ‘servants’ would also include the menial staff
and all appointments, clerical and otherwise, will have to be done in consultation
with the Public Service Commission which will not only be impracticable but will
entail a considerable increase in the work of the Public Service Commission. In
this connection it may be pointed out that the District Magistrates and the
District Judges and other Heads of Departments are authorised to make all
ministerial and menial appointments and can take disciplinary action without
the approval of the Government and it is only in the appellate stage that the
Government comes in. If a provision in the Constitution is considered to be
necessary it should be to this effect that the appointments shall be made
according to the rules framed by the High Courts with the approval of the Governor
so that at the time of making the rules the Provincial Governments may make
suitable provision for control. Such a provision, however, appears to be wholly
unnecessary and High Courts are not expected to command less confidence than
Public Service Commissions.
1 2. The proposal giving power to recall Judges provides that the Judges can be
recalled for a case or a group of cases. The Judges are frequently required
to work on various tribunals. This demand is bound to grow in future.
As under the Constitution it will not be possible to appoint temporary or
Additional Judges for limited periods it may be worthwhile to provide that the
retired Judges can be recalled for limited periods with the approval of the
President. It would be wasteful to increase the number to provide for such
contingencies. Moreover, almost every High Court is undermanned.
13. It is not clear whether the provision about recalling of Judges applies only
to Puisne Judges or also to retired Chief Justices.
14. The reduction of salary of Judges and Chief Justice should not in anyway
be given retrospective effect and should not apply to existing Judges. Solemn
undertakings have been given and there should be no breach of those
undertakings. The matter has been fully dealt with in the note of the proceedings
of the Chief Justices’ Conference. It is not necessary to add extra reasons. If the
salaries of existing Judges are reduced they would be entitled to resign and go back
to the bar as they would no longer be bound by their undertakings. This would
not be at all desirable nor would it be proper that this situation should arise by
reason of the Government committing breaches of its solemn pledges.
Ill
Correspondence and Select Documents
15. The salaries of the Secretaries of the Central Government specially of the
members of the Indian Civil Service are not being reduced. The Judges’ salary
should not be reduced below the salary of the Secretaries of the Government of
India. The new Order of Precedence is also not satisfactory. Care should be taken
to see that the position . and prestige of the Judges are not lowered and they are
not given the rank and the position of Secretaries of the Departments.
135. From N. V. Gadgil
“The Retreat”
Simla
June 25, 1949
My dear Rajenbabu,
Kindly refer to your letter dated 22nd June 1949 regarding the Bihar United
Insurance Co. Ltd, This question has been already considered by me and I have
asked the Central P.W.D. to vacate the premises and hand them over to the
Insurance Company. Meanwhile, as the matter is pending in the Court, some
procedure has to be gone through. The real difficulty is that there is no
requisitioning power with the Bihar Government which the Government of India
can invoke for the purpose of finding out accommodation for their offices and
officers. However, we are doing our best to hand over possession as early as
possible to the Insurance Company concerned.
With regards,
Yours sincerely,
N.V. Gadgil
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
136. From Jairamdas Doulatram
No. C. 4774/49/ PAM
1 York Place
New Delhi
26th June 1949
My dear Rajendra Prasadji,
Thanks for your letter of 23rd June regarding export of cattle from East
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Dr. Rajendra Prasad:
Punjab. This matter has taken a long time because the Punjab Government
would not give us the figures of export during the last few years. We were anxious
to accommodate East Punjab and prevent excessive export of their special
breeds. East Punjab is one of the Provinces which supply good cattle to the rest of
India. I do not know how far it will be in the interests of India’s economy if each
Province bans export of what the rest of India needs unless there is heavy
shortage within the Province itself. We are having similar demands of provincial
bans on various commodities, e.g., ghee, oilcake, cottonseed, etc. We therefore
told the Punjab Government that the best course would be to have regulated
export by fixing the maximum number of cattle which should reasonably be
exported. They took months to supply us the necessary statistics. We therefore
told them to allow us to proceed on the basis of such statistical information as we
have. We also told them that we will take care to see that cattle were exported
only under a demand placed by the Provincial Governments. Further, that
export would be only allowed for breeding purposes. We have been recently in
telephonic communication with the Punjab Government, and a day before I got
your letter I had finalised with the Punjab Premier that there may be a ban on the
export of cattle from the Punjab for the period of one year as an experiment
subject to not more than two thousand cattle being allowed to be exported to
Provincial Governments under permits issued by the Central Government on
assurances being given that the cattle will be used only for breeding purposes.
U.P. alone has been latterly importing about 36,000 cattle a year from the
Punjab. I am not referring to lesser imports by Calcutta and Bombay where the
cattle has been wrongly used. The total exports from the Punjab have been
latterly over one lakh cattle per year. I have cut down the exports to less than 25
per cent. There will not be more than 24,000 the next year, at the rate of 2,000 a
month. But the effect of even this will be reviewed before the year is out. It will be
reviewed at the end of six months. With this method of strictly limiting and
regulating the export of cattle, Punjab will not materially suffer and the rest of
the country would gain. I hope this will be considered by you as a satisfactory
solution for the time being.
With kind regards,
Yours sincerely,
Jairamdas Doulatram
Minister of Agriculture
The Hon’bie Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
137. From S.D. Bailey
113
THE HANSARD SOCIETY
162 Buckingham Palace Road
London, S.W. 1
27th June 1949
Dear Doctor Prasad,
I am glad that you can undertake the article. If it were to go into our next issue I
should need to have the material by July 20th, which I assume is too early for you
to complete the article. The following issue of our journal is devoted to all aspects
of the government of America and it will, therefore, be most convenient to plan
to include your article in the first issue in 1950. In this case, I should like to have
the manuscript by December 1st.
An article of approximately three thousand words is the sort of length I had in
mind. I look forward to receiving it very much.
Yours sincerely,
S.D. Bailey
Assistant Director
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi, India.
138. To Jawaharlal Nehru
New Delhi
June 30, 1949
My dear Prime Minister,
l am enclosing herewith copy of a letter and a note which I have received from
Chief Justice B. Malik of the Allahabad High Court.* The question of salaries of
Judges has not yet been dealt with by the Constituent Assembly and the articles
relating thereto will have to be considered during the next session. I hope, the
Government will have taken their decision in the matter before' then. Chief
Justice Malik’s note has to be considered by the Government rather than by the
114
Dr. Rajendra Prasad:
Constituent Assembly and I have therefore thought it necessary after consulting
Sardar Patel to pass it on to you.
Yours sincerely,
Rajendra Prasad
The Hon’ble Pandit Jawaharlal Nehru
Prime Minister of India
New Delhi.
♦See letter from B. Malik to Dr. Rajendra Prasad, dated 25 June 1949, and its enclosure.
139. To B. Malik
New Delhi
June 30, 1949
My dear Chief Justice Malik,
I have received your letter dated the 25th June 1949, together with its
enclosure. As the question of salaries of Judges rests with the Government who
will have to take the decision on the matter I am forwarding your note to the
Hon’ble Prime Minister. You may have noted that the two Articles dealing with
salaries and allowances of Judges of Supreme Court and High Courts have not
yet been considered by the Constituent Assembly. They will be taken up when the
Assembly meets again from the 30th July onwards. I am sure, the Government
will be in a position to put forward their proposals after considering your points
of view.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sri B. Malik
Chief Justice, Allahabad High Court
Allahabad.
140. To Jairamdas Doulatram
1 Queen Victoria Road
New Delhi
The 30th June 1949
My dear Jairamdasji,
Many thanks for your letter dated the 26th June 1949. 1 am glad that you have
Correspondence and Select Documents
115
taken action and I hope it will have good effect. For myself, lam satisfied for the
present. It was never my intention that all export of cattle even for breeding
purposes to other Provinces should be stopped but what I was keen about was
that cattle which go to the places where they are slaughtered should not be allowed
to be exported. There is bound to be good demand for draft cattle and also of
breeding bulls. This need not be stopped provided that some assurance is taken
that they will be used for the purpose for which they are exported. You will of
course watch the result of the action taken and take final decision later on.
Yours sincerely,
Rajendra Prasad
The Honble Shri Jairamdas Doulatram.
141. To Sir N. Gopalaswami Ayyangar
1 Queen Victoria Road
New Delhi
The 30th June 1949
My dear Sir Gopalaswami Ayyangar,
You are doubtless aware that it has been proposed to establish a township at
Rajpura in Patiala State for refugees mostly from the Bahawalpur State. I
understand there is a proposal to have a railway workshop in the vicinity for the
E.P . Railway. The decision to have the township there has, I believe, been largely
influenced by the proposal to have the railway workshop in that locality. Several
thousand refugees have already shifted and are living in camps there. It is
necessary to expedite the work of building the township but the Planning Adviser
Dr. Koenigsberger is unable to proceed with the planning unless he is assured
about the site of the workshop. I understand the matter has been under
consideration before the Railway Ministry but no final decision has yet been
taken. There is, I am told, some doubt about the availability of water which
would be adequate both for the workshop and the township and some
investigation was made. I understand that the report of the investigators is under
consi eration. 1 shall be obliged if you kindly have the decision expedited so that
e wor of planning the township may be taken in hand. Any delay in the
hence°the ur^mT Wor ^ s ^°? * nev itably delays the planning of the township and
ere is another matter about which I have to give you some trouble. We have
een on t e ook out for a suitable person whom we could appoint as the
mimstrator o the proposed township who would look after not only the
owns ip w en it is constructed but also its construction. The post had been
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Dr. Rajendra Prasad:
advertised and the Rajpura Development Board has selected Mr. Harihar
Bannerji, Director, Housing Research, Railway Board, as the most suitable
person on account of his past experience and record of work in the B.N. Railway
which has been highly spoken of by his superiorofficers. May l therefore request
you to lend his services to the Rajpura Development Board for a period of two to
three years within which time it is hoped the construction of the township and the
settlement of refugees will be completed. The Board has felt encouraged to make
this request because Mr. Bannerji is not engaged at the present moment in any
actual constructional work and perhaps could be spared by you.
Yours sincerely,
Rajendra Prasad
The Hon 1716 Sir N. Gopalaswami Ayyangar
Minister for Railways and Transport
New Delhi.
Copy to Shri Sudhir Ghosh, Rehabilitation Ministry.
R. Prasad.
142. From Jawaharlal Nehru
No. 926-P.M.
New Delhi
July 1, 1949
My dear Rajendra Babu,
Thank you for your letter of June 30th, enclosing a letter from Chief Justice
Malik of the Allahabad High Court. I am generally in agreement with the
argument, though I do not agree with everything that he says. I am afraid,
however, that most of the members of the Constituent Assembly arc bent on
reducing these salaries. I think that will be unfortunate.
Yours sincerely,
Jawaharlal Nehru
The Hon*ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
143. To H.M. Patel
117
1 Queen Victoria Road
New Delhi
The 2nd July 1949
My dear Mr. Patel,
On the 16th June in the evening at the Swedish Embassy Reception, I
mentioned to you the case of Virkishore Prasad Sinha, a boy from Bihar in the
Royal Indian Military College, Dehra Dun, for admission to the second course
of the Inter-Services Wing of the Armed F orces Academy. I followed it up with a
letter on the 17th June (copy enclosed).*
As the course is to begin about the middle of July, the gap between the number
required and the number available might have been ascertained by now. If there
is any scope for taking even a few more and if Virkishore Prasad Sinha is' not a
bad misfit, will you kindly give him a chance?
As I wrote in my last letter, Bihar has, in the past, been deliberately and
persistently kept back from the Army as a result of the important part played by
the Province during the 1857 War of Indian Independence.
I saw Virkishore Prasad Sinha the other day in his R.I.M.C. uniform; and I
was quite impressed with his personality, smartness, intelligence and manners.
Yours sincerely,
Rajendra Prasad
H.M. Patel, Esqr., C.I.E., I.C.S.
Secretary to the Government of India
Ministry of Defence
New Delhi.
♦See Dr. Rajendra Prasad’s letter to H.M, Patel, dated 17 June 1949.
144. To Brahmachari Rajkrishna
4 July 1949
Dear Brahmachari Rajkrishnaji,
I am glad to receive your letter dated the 23rd June 1949 and find that the
Indian Cultural Mission deputed by the Bharat Sevasram Sangh has carried out
its tour of East Africa and*established a branch centre at Nairobi to disseminate
the broad synthetic and comprehensive aspects of Indian culture. I need hardly
118 Dr. Rajendra Prasad:
assure you of my great interest in the kind of work which the Mission has been
doing and of my best wishes for its success.
Yours sincerely,
Rajendra Prasad
Brahmachari Rajkrishna
The Indian Cultural Mission in Africa
P.B. No. 1641, Nairobi
East Africa.
145. To S.D. Bailey
1 Queen Victoria Road
New Delhi
The 4th July 1949
Dear Mr. Bailey,
Many thanks for your letter dated the 29th June 1949. It will suit me very well
to send the article on Indian Constitution by the 1st of December. As you know,
the Constituent Assembly has not yet completed the consideration of the Draft
Constitution but it is hoped that by October next it will have passed it. So it
would be really better to write the article after the Draft has been approved by the
Constituent Assembly in its final form and I propose to do so. I note that it
should approximately be of 3,000 words.
Yours sincerely,
Rajendra Prasad
S.D. Bailey, Esqr.
The Hansard Society
London, S.W. 1, England.
146. From Sir N. Gopalaswami Ayyangar
5 Queen Victoria Road
New Delhi
July 5, 1949
My dear Dr. Rajendra Prasad,
I have convened a conference of those concerned with the work of recovery of
abducted persons, on the 1 1th July 1949 at 1 1.30 a.m., in my office room at the
Correspondence and Select Documents 1
Central Secretariat, North Block, to consider the question of re-enacting the
existing Ordinance on the Recovery of Abducted Persons, which expires at the
end of this month. I shall be glad if you can kindly make it convenient to attend.
Yours sincerely,
N. Gopalaswami Ayyangar
Minister for Transport & Railways
The Hon*ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road
New Delhi.
147. To Frances Standenath
July 5, 1949
Dear Savitri Devi,
I have received your letter dated the 30th May 1 949. 1 have forwarded the letter
to Syt. Kishorlal Mashruwala who lives at present at Bajajwadi, Wardha. He
edits the paper which is known as Harijan which is published from Ahmedabad. I
hope you are doing well. I am quite fit.
Yours sincerely,
Rajendra Prasad
Miss Frances Standenath
Graz in Styria
Austria.
148. To Sir B.N. Rau
CONSTITUENT ASSEMBLY
New Delhi
July 6, 1949
My dear Sir B.N. Rau,
I am enclosing a letter with its annexure which I have received from Syt. A. V.
Thakkar. He wants my advice whether it will be necessary to let the
Chhotanagpur Adibasi Sabha send a deputation here to press upon the
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Dr. Rajendra Prasad:
Constituent Assembly the suggestion that Christian Adibasis should not be
treated as Adibasis and their names should not be enrolled along with those of
other Adibasis in the electoral roll. Perhaps they met you and Dr. Ambedkar on a
previous occasion in a deputation and you assured them of your help. The
question is coming again on the 20th and 23rd and subsequently in the form of
amendment when the Constituent Assembly takes up the question. It seems to
me that it will be better to let them come and put forward their case so that even in
case the Assembly does not accept their suggestion they may have no grievance
that their deputation was not received but l would like to be guided by your
advice in the matter. On hearing from you, I will write to SriyutThakkar. Please
return the original letter and its annexure with your reply.
Yours sincerely,
Rajendra Prasad
Chairman
Sir B.N. Rau
Constitutional Adviser
New Delhi.
Enclosure not included.
149. To Sir N. Gopalaswami Ayyangar
1 Queen Victoria Road
New Delhi
6 July 1949
My dear Sir Gopalaswami,
I have received your letter dated 5th instant asking me to attend the
Conference regarding the question of re-enacting the Ordinance on the
Recovery of Abducted Persons on the 1 1 th July at II .30 a.m. I shall gladly attend
the Conference as desired.
Yours sincerely,
Rajendra Prasad
Sir N. Gopalaswami Ayyangar
Minister for Transport & Railways
New Delhi.
Correspondence and Select Documents
150. From Sir B.N. Rau
121
New Delhi
July 8, 1949
My dear Dr. Rajendra Prasad,
As I told you yesterday, I am leaving for Madras this morning on a short visit
to see my father. I expect to return on Tuesday next (12-7-49). In case the Prime
Minister asks you, before my return, how long I am likely to be wanted here in
connection with the passing of the Constitution, this is just a line to give you our
estimate of the situation.
We have a number of conferences from the 18th to the 27th July. These should
help towards a satisfactory decision of the controversial points of the
Constitution which still remain. Thereafter, the Constituent Assembly should be
able to proceed with the ‘second reading’ without much difficulty and I expect
this stage to be completed well before the end of August. Mr. Mukeijee and
myself are now scrutinising the portions of the Draft already adopted, so that not
much will remain for scrutiny between the second and third readings. Mr.
Mukerjee can easily deal with this himself and if any unexpected difficulty should
arise, I can advise by letter or cable. I expect therefore to be able to leave for New
York before the beginning of September.
As you know, I have already assumed charge as India’s Permanent
Representative and in that capacity I should normally lead the Indian Delegation
to the next session of the General Assembly of the United Nations. There are
several important questions likely to arise during the session— such as our
election to a seat on the Security Council— and I should like to be on the spot as
early as possible.
Yours sincerely,
B.N. Rau
Constitutional Adviser
The HonTile Dr. Rajendra Prasad.
151. From S.S. Ramasubban
MINISTRY OF RAILWAYS
RAILWAY DEPARTMENT
(RAILWAY BOARD)
No. 49GP46.
New Delhi
Dear Sir,
8th July 1949
With reference to ..your letter dated 19th June 1949, addressed to the Hon’ble
122
Dr. Rajendra Prasad:
Minister of State for Railways, I am directed to inform you that a Class I Card
Pass, available between any station and any station on Indian Government
Railways, has been issued in favour of Shri Kaka Kalelkarand his Secretary with
one servant in Class III. The pass was forwarded to Shri Kalelkar on 24th June
1949.
2. Regarding the pass for Shri Vinoba Bhave, it will be issued on hearing from
you.
With respects,
Yours faithfully,
S.S. Ramasubban
Secretary, Railway Board
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
152. From S. Dutt
MINISTRY OF EXTERNAL AFFAIRS
IMMEDIATE
D.D. No.- 1 345-49 / AP(Par. II)
New Delhi
The 9th July 1949
Dear Dr. Rajendra Prasad,
I am desired by Hon’ble Sir N. Gopalaswami Ayyangar to send a copy of the
enclosed note on the recovery of abducted persons. You may find this note useful
in connection with the Conference that will be held in his room on the 1 1th at
1 1.30 a.m. A copy of our Ordinance* is also enclosed for your information.
Yours sincerely,
S. Dutt
Additional Secretary
Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road, New Delhi.
•Not included.
Correspondence and Select Documents
123
Enclosure:
(Note on the Recovery of Abducted Persons)
MINISTRY OF EXTERNAL AFFAIRS
The question of the recovery of women and children abducted during the
disturbances of 1947 was considered for the first time at an Inter-Dominion
Conference held at Lahore on the 6th December 1947. It was agreed between the
two Dominions that all women and children abducted and converted after the 1 st
March 1947 in East and West Punjab should be recovered and restored to their
original families. To implement this Agreement decisions were taken on several
points such as the collection and consolidation of information, machinery to be
employed, setting up of transit and base camps and the policy to be followed
regarding restoration of recovered persons. In accordance with the decision
taken, social workers, the police and the M.E.O. (Military Evacuation
Organisation) of one Dominion were to work in the other Dominion with the
help and protection of the social workers, Police and the M.E.O. of that
Dominion. The work was entrusted to the Women’s Section of the Ministry of
Relief and Rehabilitation. All recovered persons were to be brought first to
transit camps and then to the base camps at Lahore and Jullundur and finally,
after scrutiny of each case by Inter-Dominion authorities, they were to be
transferred to the Dominion to which they belonged. Recoveries under these
arrangements continued till November 1948.
2. In the light of the experience gained in working the Agreement of December
1947, several Inter-Dominion Conferences were held and the Agreement suitably
modified from time to time. These conferences were held at Delhi on the 26th
February 1948, at Lahore on 13th to 1 5th March 1948, and at Delhi on 19th
March 1948, 19th April 1948 and 16th and 17th June 1948. After June 1948
recoveries began to fall off, and the few girls who were recovered started resisting
their transfer to the other Dominion. More Inter-Dominion Conferences were
held at Lahore on the 5th July 1948 and 22nd July 1948. During these
Conferences an agreement was reached to appoint an Inter-Dominion Tribunal
to decide on the resisting cases but no Tribunal materialised owing to the failure
of the Pakistan Government to nominate their member. One more Inter-
Dominion Conference was held at Karachi on the 20th September 1948, but the
recovery- work did not gain any impetus. By then the M.E.O. and Liaison
agencies were withdrawn by both Dominions and recoveries on both sides
practically came to a standstill (see statements A and B).
3. At the instance of the women social workers of the two Dominions afresh
D Cnt W3S negotlated with Pakistan and finalised on the 1 1th November
. a 1 u t !'~ ry Work was revived and entrusted to Central Recovery Office
r iL ridu, “ : Sarabhai ' Um)e ' * he: Agreement responsibility for
the recovery of abducted persons rests with the Dominion in whose territories the
124
Dr. Rajendra Prasad:
abducted persons are reported to be residing. The recoveries are to be made by
the Police of the Dominion with the help of local social workers. All persons
recovered are in the first instance sent to transit camps. From there they are
brought, as before, to base camps at Lahore and Jullundur, which are managed
by the social workers of India and Pakistan respectively. After scrutiny of each
case in these camps by a Joint Board of S.P.s (one of each Dominion) the
undisputed cases are restored to their families wherever they be. All cases in
regard to which the two S.P.s do not agree, are referred to two High Powered
Officers, one of each Dominion, who decide such cases finally. In January 1949
India promulgated an Ordinance to legalise the recovery work. Pakistan took
reciprocal action only at the end of May 1949. It was understood that the
reorganised scheme would be given a trial for three months and, if the results
were found satisfactory, the period would be extended. As it was not possible for
administrative reasons to work this scheme in full during the period of the first
three months after the new Agreement came into force, the period was extended
up to the 31st July 1949, the date on which the existing Indian Ordinance will
expire.
4. The recovery figures in India during this period are given in statements B
and C and those of Pakistan in statements A and C. In view of the disparity
between the number recovered in the two Dominions the question has arisen
whether recovery work in India should stop, and that only those abducted
women who are being exploited for immoral purposes be recovered and kept in
homes where they should be trained arid rehabilitated. A suggestion has been
made that the Ordinance should be allowed to lapse and the Suppression of
Immoral Traffic Act should be suitably amended, if necessary. Mr. Shrinagesh,
who is the High Powered Officer for India, has examined this suggestion in
consultation with the Legal Remembrancer of the East Punjab Government. He is
of the opinion that the Act cannot be usefully adopted for the recovery of
abducted persons and he recommends re-enactment of the Ordinance with the
following amendments:
(1) The Ordinance should completely prevent interference by Civil Courts in
matters connected with abducted women. Section 8 of the Ordinance should
therefore be amended by the insertion of the words ‘Under Section 4, or
delivery or handing over under Section 7’ after the words ‘detention in camp
in line 1, and after the word ‘detention’ in line 3 of that Section.
(2) Definition of ‘abducted Person’ in Section 2 of the Ordinance be amended to
include children born during abduction by the addition of the words ‘or
children born of such families since the 1st March 1947’, at the end of the
definition.
5. The opinion of the East Punjab Government was sought. It haspot yet been
received.
6. A suggestion has also been made that the work of recovery of abducted
125
Correspondence and Select Documents
persons, which at present is the responsibility of the Ministry of External Affairs,
should be transferred back to the Ministry of Relief and Rehabilitation.
7. The main points on which decision is needed are:
1. Whether or not the recovery of abducted women and children should
continue after the 31st July 1949.
2. Whether the recovery of abducted women and children should continue to be
dealt with in the Ministry of External Affairs or be transferred to the Ministry
of Rehabilitation.
If the answer to (1) is in the affirmative the question whether the existing
Ordinance should be re-enacted or whether the work should proceed under the
Suppression of Immoral Traffic Act can be decided in consultation with the legal
advisers of Government.
153. From Humayun Kabir
JOINT EDUCATIONAL ADVISER TO THE GOVERNMENT OF INDIA
F41-55/49D-3
New Delhi
The 1 1th/ 1 3th July 1949
Dear Dr. Rajendra Prasad,
Kindly refer to your letter dated 39th June 1949, addressed to Dr. TaraChand,
regarding a grant to the Vishveshvaranand Vedic Research Institute. Shri Vishva
Bandhu Shastri sometime back sent us an application fora rehabilitatioivgrant
to be forwarded to the Rehabilitation Ministry. We sent the application with our
remarks to that Ministry, but they have returned it saying that as the Education
Ministry have in the past made grants to this Institution, they should consider the
grant of any further amounts that may be necessary on account of the transfer
of the Institution from Lahore to Hoshiarpur.
You are already aware of the financial position of the Government of India at
the moment and also of the fact that the original budget of every Ministry had to
be drastically cut down. Our budget was reduced from an original proposal of
1 1. 10 crores to 5.15 crores and the amounts are all earmarked.against specific
proposals. It will, therefore, not be possible for us to give a grant to the Institute
for its rehabilitation purposes but we are considering the question of increasing
the recurring grant of Rs. 5,500 which we give to the Institute at present. A final
decision cannot, however, be taken till about the end of this year when we will
126
Dr. Rajendra Prasad:
know the financial position more accurately.
Yours sincerely,
Humayun Kabir
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
154. From H.M. Patel
D.O. No. 231/S/49
New Delhi
July 13, 1949
My dear Dr. Rajendra Prasad,
Please refer to your letter of the 4th June regarding one Arun Chandra Narang
who was a student in the Inter-Services Academy at Dehra Dun. I am sorry it was
not possible to reply to you earlier but certain enquiries had to be made. Orders
have now been issued by the Defence Minister which will enable the young man
to resume his studies at the Inter-Services Academy.
Yours sincerely,
H.M. Patel
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
155. From H.M. Patel
D.O. No. 223/S/49
New Delhi
July 13, 1949
My dear Dr. Rajendra Prasad,
Please refer to your letter of the 2nd July regarding Virkishore Prasad Sinha.
As Mr. Kapadia informed you, the matter is under consideration and I hope io be
Correspondence and Select Documents
121
in a position very shortly to give you some more definite information as to what
we can do in this case.
Yours sincerely,
H.M. Patel
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
156. From Rameshwari Nehru
GOVERNMENT OF INDIA
MINISTRY OF REHABILITATION
(Women’s Advisory Section)
D.O. No. AW/10/53
New Delhi
The 15th July 1949
Dear respected Rajen Babu,
I am enclosing a Memorandum which I submitted about a month ago to Sir
Gopalaswami Ayyangar, who is in charge of the recovery of abducted women.
From my close observation of the work and of the women who are recovered, I
very strongly feel that it is now too late to pursue the work with any benefit to
anyone concerned. We utterly failed in recovering women who are exploited and
generally indulge in recovering those women who have adjusted themselves in
their new surroundings and many of them are comparatively happy in their new
homes. As I am anxious to place my views before you, I am sending you a
Memorandum for your perusal.
Mridula Sarabhai and I have been doing this work together for a long time, but
for the past few months our points of view have differed. Amongst those who
have actually done the work there are people in support of both points of view. I
shall only be too happy to further elucidate my point of view if there is any need
for it, and if you will kindly give me an appointment.
Yours sincerely,.
Rameshwari Nehru
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
128
Dr. Rajendra Prasad:
Enclosure:
(Memorandum on the Recovery of Women: Review of the Position since
October 1948)
New Delhi
20th June 1949
1. Present policy. Nine months have passed since, the 1st of October 1948
when new arrangements were made for the recovery of abducted women, and this
work was transferred from the Women’s Section of the Ministry of Relief &
Rehabilitation and placed under the Minister of External Affairs. Smt. Mridula
Sarabhai was put in charge, as the Chief All India Organiser, and was provided
with a Central Office in Delhi. Four months after this transference, a special
Ordinance was passed, vesting in the hands of the police the power to recover
abducted women, on information received by them. The Ordinance was to
remain effective till the end of July 1949, i.e., for another six weeks from the date
of this Memorandum.
2. The need for review. The time is now opportune for reviewing the recovery
work and deciding on a future policy and programme. I propose to examine the
question from a threefold angle — the human, the women’s, and the political— and
to give my views separately on the progress achieved in the two Dominions, India
and Pakistan.
3. The work in the Indian Dominion: (a) The human angle. I have great
admiration for the enthusiasm with which the work was taken up, and there is no
doubt that so far as our Dominion is concerned the figures of recovery have been
encouraging. But figures are not the only criterion from which this vital work
should be judged. We must assure ourselves that, in recovering the women, we
have in some way advanced their happiness. This is the human angle of
approach. Viewed from this angle, I am convinced that we have not achieved our
purpose, and that it is inadvisable to continue the work of recovery any longer.
Two years have elapsed since the original crimes were committed, and, though
there may still be a considerable number of unrecovered women, to remove them
at this stage from the homes, in which they have settled, would result in untold
misery and suffering. Such women may be roughly classified as those who were
abducted and those who were left unattached at the time of the general upheaval
and were taken up by men, who later on either exploited them or converted them
and married them. H ow many women there are in each of these two categories, it
is difficult to estimate. We can only proceed on the assumption that in spite of
two years of recovery work, there are, in both the Dominions, a large number of
women of both typps. I have tried to secure the necessary data from those who are
actually doing the work, but I have been told that, in the absence of reliable
statements, no accurate statistics can be prepared. But from such information as
is available and from what I have seen of the recently recovered women, the
Correspondence and Select Documents lzy
number of those who have adjusted themselves to their new life, have married
their abductors or rescuers, and have happily settled in their new homes, is
appreciably great. This is supported by the fact that many pregnant women and
women with children have been found amongst the newly recovered women. It
stands to reason that women, who have got children or are about to get children
from the men with whom they have stayed for the last 2 years, could not have
been objects of exploitation. It is also well known that a very large proportion of
the women recovered in India were unwilling to go to Pakistan. Many of them,
even after months of detention in our transit homes, were steadfast in their
determination to remain with their new relatives among whom they appeared to
be happy and well-settled. Reports were received of some Muslim women
resorting to hunger strike in Ambala, as a protest against the attempt to forcibly
send them away. But, 1 regret to say, their protests, their hunger strikes, their
pathetic and heart-rending cries of distress, widely witnessed by both workers
and outsiders, were of no avail, for they were eventually sent away to Pakistan. It
will be remembered that this aspect of our work formed the subject of frequent
discussion at the Conferences, and it was agreed, as a compromise, that such
unwilling women should be sent to Pakistan in the first instance for one month
only. At the end of this period, they should be given the option of returning to
India. This was agreed to by Pakistan, but, as far as I know, no woman has come
back. The explanation given to us is that the women have' changed their attitude
and decided to stay on permanently in Pakistan, as soon as they have crossed
Indian border. I for one do not feel convinced that this was done voluntarily. It is
likely that fear and other such reasons prompted the women to make such
assertions. Indeed, we must admit that we have sent away these unwilling and
helpless women to a future they can neither control nor choose. For, in Pakistan,
there is no Search Service and the women often cannot be restored to their
relatives and have, therefore, to be given, without their consent, in marriage to
strangers. As we maintain no follow-up system, we have no means.of ascertaining
how these women have adjusted themselves to their new life. By sending them
away, we have brought about grief and the dislocation of their accepted family
life, without in the least promoting human happiness.
(b) Women’s angle. Seen from the women’s standpoint too, all is far from
well. There are three main-objections to the present methods adopted for the
recovery of abducted women. Firstly, women workers play no part in the
disposal of the women who have been recovered. This aspect of the work is left
entirely in the hands of the Superintendents of Police of Indiaand Pakistan.
The defect arising out of such an arrangement is only too obvious. Secondly, the
class of women who are actually exploited for commercial purposes and are
passed from hand to hand or are lodged in places of vice, and who are the ones
most in need of being rescued, are seldom traced or recovered. Our recovery
programme does not reach out to them. Thirdly the women’s will is not taken
into consideration at all. She is once again reduced to the goods and chattel status
without having the right to decide her own future or mould her own life.
130
Dr. Rajendra Prasad:
(c) Political angle. There has been a good deal of dissatisfaction amongst the
Hindus and the Sikhs, largely because of the disparity between figures of
recovery of the two Dominions. The number of women rescued in India has been
more than four times the Pakistan figures. Respectable and good-intentioned
citizens, including Congressmen, who want to stand by the Government, have
purposely refrained from making a public agitation in spite of their deep
resentment. But they have come to me and have expressed their grave
dissatisfaction at the way in which things are being done. The total number of
Muslim women and children recovered from 1.1 1.48 to 31.5.49 was 1,030, while
the corresponding figure of non-Muslim women and children recovered from
Pakistan during the period was 158. This has only served to aggravate the
growing discontent prevailing in the country, which we cannot completely
ignore. This has been aggravated by the fact that because of the hasty zeal of the
workers, Hindu women are sometimes arrested and taken to the camp for
Muslim recovered women. Sardarni Santokh Singh, the Delhi Provincial
Organiser, has mentioned that 6 such cases of wrongful arrest took place within2
months in the Delhi Province alone. Smt. Premvati Thapar has furnished other
instances of such mistakes which have caused unnecessary and painful
harassment to innocent women.
I personally would not have taken any notice of the disparity between the
figures of the two Dominions if I were confident that we were doing something
that was right and just. But, under the present circumstances, I feel that we
cannot have even that consolation.
4. Work in the Pakistan Dominion. I shall now review the work done in
Pakistan. As I have already stated, the number of recovered non-Muslim women
during the last nine months reached the paltry figure of 158. It is reported by Mr.
A.C. Pathania, Superintendent of Police in charge of Recovery Staff, that even
this figure was arrived at by the inclusion of evacuee cases passed off as abducted
cases. For all practical purposes, there has been no change in the policy of the
Pakistan Government since the new arrangements were made. Even the
Ordinance, under which we are working, is not in operation in Pakistan. Social
workers have not been appointed, and district camps have not been started. Mr.
Pathania further reports that no transport is provided for the recovery work m
West Punjab, that the police staff has not been reorganised, that the guides are
never taken to the actual places where abducted girls are kept, and no practical
use, therefore, is made of them, while they are in West Punjab. According to Smt.
Premvati Thapar, a list of 777 women and children, with full clues, was sent to the
Pakistan authorities, and out of this, not a single woman has been recovered;
replies given to our workers have been evasive; the girls have been alleged to have
either died or embraced Islam or have been unwilling to leave Pakistan. In some
cases, recovered women were handed over to their abductors on the plea that the
women had embraced Islam. This, I need not emphasise, is contrary to the Inter-
Dominion agreement. I can give many other instances of the Pakistan
Government’s insincerity regarding recovery work, but it is unnecessary to
131
Correspondence and Select Documents
labour the point. Mr. Razvi, Superintendent of Police, West Punjab, has openly
said that no more Hindu girls remain in the West Punjab to be recovered. This is
a clear indication of the way in which the mind of Pakistan is working.
5. Conclusion. I, therefore, am strongly of the opinion that from the end of
July we should stop recovery work altogether. The special recovery Ordinance
should be cancelled, and, in its place, the Suppression of Immoral Traffic Act,
which is part of our ordinary Penal Code, should be enforced. This Act may be
applied with vigour and arrangements may be made for the custody,
maintenance, and training of women who are thus rescued. If amongst such
women we find Muslim women who desire to go to Pakistan, we can arrange to
send them there. In this way, I think, we shall be fulfilling our main object and
shall be reaching out to the class of exploited women who are left untouched at
present. If my proposal with regard to the application of the existing Suppression
of Immoral Traffic Act to the special cases of exploited abducted women is
acceptable, I can give a constructive scheme for its execution.
Rameshwari Nehru
Honorary Adviser
157. From B.A. Ubani
INDONESIAN INFORMATION SERVICE
NEW DELHI
Ref. No. INFO/368/49
74-76 Theatre Communication Building
Connaught Circus, New Delhi
25th July 1949
Dear Sir,
We have been approached by the Mimbar Indonesia, one of the most
influential Indonesian weeklies published in Batavia, Indonesia, to request some
prominent Indian political leaders to contribute articles for the special
Independence’ Number to be issued on the occasion of Indonesian Indepen-
dence Day on August 17.
™ S r r ? 0re , We sha11 be vei 7 8 rateful if will kindly extend to us your
cooperation by writing an article on ‘Freedom movements’ all over the world or
""The articl JSCt ? ^ ^ SUitable f ° r P ublication such great occasion.
The article may be sent to us before or at the latest on August 5, 1949
We also intend to supply the same article to other influential magazines in
132
Dr. Rajendra Prasad:
Indonesia. This may establish closer relations and better understanding between
India and Indonesia.
Thanking you in anticipation,
Yours faithfully,
B.A. Ubani
.Director, I.I.S., New Delhi,
& Deputy Representative of the
Republic of Indonesia in India
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
1 Queen Victoria Road
New Delhi.
158. To Sir N. Gopalaswami Ayyangar
I Queen Victoria Road
New Delhi
1st August 1949
My dear Sir Gopalaswami Ayyangar,
Please refer to your D.O. No. 6725- W, dated the 9th July 1949, in which you
very kindly informed me that you were willing to lend the services of Mr. H.H.
Banneijee, Housing Research Officer under the Railway Board, to the Rajpura
Development Board fora period not exceeding three years. The necessaryformal
request was made by the Rehabilitation Ministry to the Ministry of Railways and
I now understand that the Railway authorities are ready to release Banneijee but
the fixation of his salary has presented some difficulties. The advertised salary
attached to the post for which Banneijee has been selected is between Rs. 2,000 and
Rs.3,000; but the Railway Board have suggested that Bannerjee’s salary should
be fixed at Rs. 1,500 p.m. in view of the fact that he is a comparatively junior
officer. Bannerjee, on the other hand, is not prepared to accept the post on a
salary of Rs. 1,500. His present salary is about Rs.1,100 and as a permanent
Railway officer he gets various other privileges and, therefore, he does not see
any reason why he should accept a difficult job outside Government service on
i Rs. 1,500 per month.
The Rajpura Development Board have carefully considered this matter. They
have been searching for an officer who is comparatively young and has good
engineering qualifications and is likely to be able to deliver the goods in a new
venture like the Rajpura T ownship scheme. From their point of view, seniority is
not an important consideration. The success of the scheme will depend largely on
the choice of the right type of person for the post of Administrator who is the key-
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Correspondence and Select Documents
man under the Board. Bannerjee appears to have all the qualifications required
for the job and the Board would like to pay him a salary of Rs.2,000 per month if
the Railway authorities have no particular objection.
1 realise that if an officer is given a much larger salary than his present salary, it
is likely to cause difficulties for the Railway Administration. But Banneijee’s
services are being lent for a post which is outside the Government service and he,
therefore, will not expect to get a similar salary when he returns to his Government
post after the period of deputation. Moreover, even in Government service a
comparatively junior officer may sometimes be promoted to officiate in a senior
post and in such a case he gets, I believe, the minimum of the scale attached to the
post quite irrespective of the salary attached to his substantive post. I am told
that this has happened in many instances.
In view of the urgent nature of the task before the Rajpura Development Board,
they are anxious to appoint an Administrator at the earliest possible moment.
They would like to appoint Bannerjee to this post on a salary of Rs.2,000 per
month. I very much hope that you will see your way to agreeing to this proposal.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sir Gopalaswami Ayyangar
Minister for Transport and Railways
Government of India
New Delhi.
159. To Sir N. Gopalaswami Ayyangar
1 Queen Victoria Road
New Delhi
1st August 1949
My dear Sir Gopalaswami Ayyangar,
Kindly refer to my letter dated the 30th June 1949 regarding the location of the
Eastern Punjab Railway workshop at Rajpura where a township is being built
for the resettlement of about 60,000 Bahawalpuri refugees. The success of this
township scheme will depend very much on our ability to provide the refugees
with means of livelihood and both the Rehabilitation Ministry and the Rajpura
Development Board were counting on the location of the Eastern Punjab
Railway workshop at Rajpura. I understand from the Rehabilitation Ministry
that after various discussions between the two Ministries the Railway authorities
came to the conclusion that they would be prepared to locate the entire
workshop at Rajpura provided they were satisfied that adequate water supply
134
Dr. Rajendra Prasad:
to meet the requirements of the workshop was available there. It appears,
however, that after investigations by two experts the Railway authorities did not
feel certain that an adequate quantity of water would be available. In view of this
consideration, it has been decided, I gather, that only the Engineering Workshop
will be located at Rajpura buttheP.O.W. workshop will be located at Jagadhari.
As you know, the problem of the rehabilitation of refugees is one of our major
headaches and I feel sure you will agree with me that, other things being equal,
preference should be given to Rajpura if the location of the workshop there helps
us to resettle a very large number of refugees. I realise, however, that it is very
necessary for the Railway authorities to satisfy themselves that adequate water
supply is available. We have now at our disposal a rotary drilling machine
imported from America which can drill a 400 ft. tube-well in 24 hours. We have
already started drilling tube-wells at Rajpura and the drilling of about 10 tube-
wells will be completed in two to three weeks’ time. Within that period we shall be
able to tell you on the basis of actual results how much water will be available at
Rajpura. The investigations that have so far been made are based on conjecture
and if the drilling of the tube-wells actually shows that as much water as would be
necessary for your workshops could be supplied by us with ease it seems only
right that a decision in favour of Rajpura should be taken. I shall, therefore, be
grateful to you if a final decision with regard to the location of the P.O.W.
workshop is taken after three weeks, so that within that period we can give you the
results of the drilling.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sir Gopalaswami Ayyangar
Minister for Transport & Railways
Government of India
New Delhi.
160. From Rafi Ahmed Kidwai
New Delhi
August 2, 1949
Dear Rajendra Babu,
I wonder if you are aware that in Vindhya Pradesh searches of the houses of a
large number of Congressmen were carried out by police including the house of
Mr. Banaspati Singh, President of the Ad Hoc Provincial Congress Committee,
formed under your award.
Banaspati Singh’s house was searched in his absence. Only his son aged 14 was
present. Thakur Banaspati Singh had the keys of the safe and locked boxes with
135
Correspondence and Select Documents
him and, therefore, locks and the safe were broken ■ »P« '- The paper -Mt by the
search officer shows that searches were earned out under Sec., 21 1 /409, ...
Section 211 deals with the offence of false complaints. Thakur Banaspati
Singh has not made any complaint, false or true„Obviously there is a mistake and
the Section intended is not 211 but 411 which deals with stolen property and
which gives the police the necessary authority to search premises without the
warrant from the Magistrate. Sec 21 1 does not give any such authority.
The police in the search took possession only of papers dealing with Gandhi
National Memorial Fund. It seems Thakur Saheb had distributed Gandhi
National Fund coupons of different denominations to different Congress
workers and had obtained receipts from them. The searching authority looked
into the receipts and selected such of them as were from members of Thakur
Saheb’s group, and took possession of them. These receipts were carried away by the
police while receipts from others were left behind.
The police also took possession of letters received from different parties
intimating of the collection and deposit in Baghelkhand Bank to be debited to the
Gandhi Fund account.
I am drawing your attention to this as you are President of Gandhi Memorial
Fund and you must'be aware if any complaint under Sec. 411/409 l.P.C. has
been made to Vindhya Pradesh Police or Vindhya Pradesh Administrator.
I am aware of some complaints having been received by you against Sardar
Narmada Prasad Singh who was reported either to have forcibly collected
moneys for Gandhi Memorial Fund or to have kept a part of it aside to finance
his group or party activities. 1 wonder if you have got the matter looked into and
if there is any truth in this allegation. But assuming that it is true, does it provide
any justification for the extensive searches of the houses of Thakur Banaspati
Singh and his associates?
I am sure you are aware of conditions in Vindhya Pradesh: how recklessly
charges are made against political opponents, and how the old court intrigues are
being continued and carried on. Wide publicity was given at one time to charges
of corruption against Sardar Narmada Prasad Singh. Only a few days ago
Sardar Patel had made a reference to it in the W orking Committee. Since then 1
have come in contact with many persons who know what is happening in Rewa. 1
have been shown documentary proof of how wildly the police has been trying to
frame up charges against Sardar Narmada Prasad Singh. That the Rewa
authorities have not any single complaint against Sardar Saheb with a prima
facie case which would authorise them, with or without Magistrate’s warrant, to
effect a search in Sardar Saheb’s house, was demonstrated when, after searching
Sardar Saheb’s house in the State, they reached Allahabad to search his residence
there. The District Magistrate of Allahabad after going through the papers
re used to be a party to illegal searches. The Government Pleader who was
consulted also upheld the District Magistrate’s opinion.
s I hate already mentioned, I am writing this to you as the searches of the
ouses of more than 20 Congressmen had been made in connection with Gandhi
136
Dr. Rajendra Prasad:
Memorial Funds, I am sure when you sent the complaint to the States Ministry
you never thought this procedure will be adopted. I think it is but fair that you
find out from the States Department why this procedure was adopted and why
your letter was treated as a complaint under Section 411/409.
Yours sincerely,
Rafi Ahmed Kidwai
Minister for Communications
The HonTde Dr. Rajendra Prasad
President of the Constituent Assembly of India
1 Queen Victoria Road
New Delhi.
161. From Pryns Hopkins
1900 Garden Street
Santa Barbara, California
August 3, 1949
Dear Sir,
I have just finished writing a book, probably entitled Western Thought and
Eastern Travel , embodying experiences and conversations I had in Pakistan and
India last year.
I like to make sure that all of my quotations are essentially correct and I am,
therefore, sending excerpts that refer to yourself. I shall appreciate it very much if
you will let me know whether these are right.
Especially if you find some error, or wish to make some change, it would be a
great favOr if you could reply by air mail, in which case I will do my best to see
that any necessary alteration is made before the book is published.
May this letter bring you my greetings from this part of the world, kind
remembrances of our talks together, and good wishes for your health.
Sincerely yours,
Pryns Hopkins
Dr. Rajendra Prasad
President, Indian National Congress
Delhi, India.
Enclosures not included.
Correspondence and Select Documents
162. From H.V.R. Iengar
D.O. No.F. 41 /3/49-Public
137
New Delhi
August 3, 1949
Dear Dr. Rajendra Prasad,
Will you kindly refer to your D.O. letter dated the 22nd July 1949 to Sardar
Patel, regarding the use of handspun and handwoven cloth for the ‘National
Flag*?
2. The Committee which is considering the question of standardising the
‘National Flag’ is now fully seized of your views that all types of fabrics, including
woollen and silk, for use in the ‘National Flag’ should be of the hand-made
variety. The difficulty hitherto has been that, in spite of repeated approaches, the
All-India Spinners’ Association did not agree to cooperate with the Indian
Standards Institution. They have, however, now agreed to cooperate with the
Institution, and the Committee has accordingly decided to co-opt representatives
of the All-India Spinners’ Association to assist it in considering the question of
the use of hand-made materials for the ‘National Flag’. The Committee will meet
again on the 12th of August when it is hoped that the Khadi interests will be
properly represented. We propose to await the result of the deliberations of the
Committee before taking any further action in the matter.
Yours sincerely,
H.V.R. Iengar
The Hon’ble Dr. Rajendra Prasad.
163. From the temporary staff of the Constituent Assembly of India
New Delhi
The 4th August 1949
(Through Proper Channel)
Respected Sir,
We the undersigned temporary staff of the Constituent Assembly of India,
working under your kind patronage and guidance, beg to submit the following
few lines before you for your kind consideration and favourable orders.
2. We are fully aware that you are very worried about the future of the
temporary staff of this Sovereign Assembly, and that you are most anxious that
none of your subordinates should suffer on any account, but then. Sir, as the
138
Dr. Rajendra Prasad:
work of the Constituent Assembly is expected to finish shortly we are getting day
by day very mucn panicky and worried about our future and we would humbly
request you that we should not be misunderstood for submitting this
representation, for it is our anxiety to stabilise our positions in life that has forced
us to submit this representation.
3. The staff of the Constituent Assembly Secretariat consists of over 200
employees including class IV servants, and they are composed of thefollowing3
categories of staff as detailed below:
(i) Officers who hold permanent posts in outside offices- in the Central and
Provincial Government Departments, and who are on temporary loan to
the Constituent Assembly Secretariat. These officers who are about 30 in
number here have on their return permanent posts to fall back upon.
(ii) Temporary employees who came to the Constituent Assembly Secretariat
from other Departments of the Central Government and who have 5 to 9
years of continuous Government service to their credit and who do not have
any place to go back to from the Constituent Assembly Secretariat. This
category of officers number about 40 in this Secretariat.
(iii) Purely temporary employees recruited direct in the Constituent Assembly
Secretariat after 1.7.1946. Among this category there are several persons
here who have taken active part in the national struggle for the liberty of
India, and suffered quite a lot on that score.
4. It may be relevant in connection with the permanent officers on deputation
to the Constituent Assembly Secretariat from Attached and Subordinate Offices
of the Central and Provincial Governments cited at category (1) above, to state
that it is the definite policy of the Government of India either to confirm such
deputationists in the Central Secretariat or to revert them to their parent offices if
they cannot be absorbed permanently in the Central Secretariat in the near
future. As has already been stated above, the number of the permanent officers
on deputation to the Constituent Assembly Secretariat, who have liens on their
permanent and substantive posts in their parent offices, is about 30 out of a total
strength of over 200 employees (including about 70 class IV servants) of this
Secretariat. They mainly comprise the following categories and their
approximate numbers are more or less as indicated below:
(i) English Reporters 5
(ii) Hindustani Reporters 2
(iii) Hindi and Urdu Translators 3
(iv) Assistants -in-charge 3
(v) Assistants 4
(vi) Superintendents 4
(vii) Stenographer 1
(viii) Research Officer I
139
Self's DacwneiUf
, M(*«ri-»ipra3lU)«twVMboM 10. o 15 of them arc eligible
in he to «* Cerinl Govemmemm the i»su ihed by
,htm. a oil ihtv will primarily be declared qmsi-pcrmmcm n ihc Consutu n
Av emhW Seertmiat n* per the orders of the Ministry of Home Affairs. All
*.>H“ Art holding their temporary posts in a substantive capacity and have been
MlVm,! these nmts for a loop time now. The majority of the temporary staff tn
, 1 ... Sr*?ftafi'-st are suitable and eligible for confirmation in the Central
S-rmtarm m respect oh
(Pi prftfj-ationai qualifications
to) Aft
fust) r ipr tie nee
tit) 5uitiK‘1ity
<*. ( Character and antecedents
i,vjt -M-dital fitnevs, etc.
i, As v oa ate no doubt aware, we hast been during our 3 years’ service in the
Cofotiment Afwmhly Secretariat done good work for very long hours, on an
jsurjtpe of K to 10 h-ouiv during the session and non-session din's, without caring
n« for out health and comforts. It may not Ik an exaggeration if we say that we
h«Vf Tsd to put to 10 to IS hours of work often during session days to cope with
ihc v mi. , and « c fm e done the work ungrudgingly. We have always given first
paotstY bCDut).* arid done our work to the entire satisfaction of all concerned.
W e h:m aha^j-i been «ui»cd by our officers that every effort will be made by
s.n-i fso stone wifi be kft unturned, to help tis in finding suitable and
tprrmAtvtm pouv alter our work is over. While we arc quite sure that your good
>.:if snI the Secretary Hast been doing their best to find ways and means to
provide l hr mr.p-ajan staff after the work of the Constituent Assembly is over,
#«? rum? pstfriv day by day as it will be difficult for us to find jobs
cHd-wber? #F*rt »omr lime when retrenchment of staff which has already started
V’v vow vd she Ihcpittmt-nu of the Central Government is started on a large scale.
' vr.ir ntand thst the Ministry of Home Affairs have under their
<v*e.sv!rnv.m. with tfcf* PpW val of the Cabinet, a scheme to have a Central
S:\iT\iUii Sen cor cssf^i cmh to the cmpliweev of the Ministries comprising
tV fo'.l.;w,s*f cafe?, use* of posir
sii IWr-iti Sevreiity
St.i i't'At? <r.-t:tvry
?» ^ S £ f V i/t/ •f'S
v-.if
m ’Ur-iUni}.
■? s-.,.
* 8ht ®« for s Central
? *•« they are now chalking out
140
Dr. Rajendra Prasad:
the details of these schemes. While we are not fully aware of the details and
implications of these schemes we are given to understand that the scheme
provides, inter alia, for
(a) confirmation of certain categories of temporary employees who have
completed a certain number of years of service in the Central Secretariat ona
particular date in 1948;
(b) certain benefits of service rights such as seniority, promotion, discipline, etc.;
(c) better prospects and privileges for promotion for the deserving employees.
We should be most grateful if you will kindly consider our cases also for
inclusion on the proposed Central Secretariat Service scheme and kindly have
this Secretariat also included within the purview of this scheme with safeguards
for our permanent absorption in the Central Secretariat. But then, Sir, we are not
competent to express an opinion on the question of our inclusion in or exclusion
from the Central Secretariat Service, and we only desire to bring the features of
the scheme as are known to us from non-authoritative sources, to the notice of
your good self and the Secretary who, we understand, are already examining the
details of this question with a view to see whether this scheme will benefit the
majority if not the whole of the existing staff of the Constituent Assembly
Secretariat. Our permanent absorption in the Government may not be difficult,
we venture to suggest, as it is hoped that a portion of the present staff of the
Constituent Assembly will be drafted to form the nucleus of the future
Secretariat of the Council of States.
8. We understand that it has been decided that a part of the staff of the
Constituent Assembly Secretariat who are considered suitable by our officers
will be transferred to form the nucleus staff of the future Secretariat of the
Council of States. We also understand that there has already been created a
‘Constitution Wing’ in the Ministry of Law, to be staffed by suitable staff of the
Constituent Assembly Secretariat, which will do the adaptation work during the
transitional period till the two Houses are formed, and that it will form the
nucleus of the Secretariat of the Council of States when the Elections are over,
and the two Houses are ready to meet. It is also understood that under the new
Constitution an office of the Election Commissioner will be set up by the
President of the Union to look after and supervise the Elections in the Centre an
Provinces. These two offices should be able to provide for all the temporary sta
now employed in the Constituent Assembly Secretariat, and we most humbly
request you to give highest priority to the temporary members of the staff whi e
making selections to posts in these offices. We should be excused if we request,
though it will look a rather selfish attitude, that all the vacancies in these two
offices should be reserved for temporary staff of the Constituent Assembly
Secretariat and recruitment from outside, or transfer of the existing permanent
staff, on temporary deputation from other offices to this Secretariat, should be
resorted to only after providing places for all the temporary employees unless
Correspondence and Select Documents
141
there is indispensibility of any particular individual or individuals for any
particular kind of work now done by them.
9. We should be most grateful if you will kindly consider our above request
with sympathy and kindly let us have your assurance that we will not be thrown
out of employment after the work of the Constituent Assembly is over, and that
this Secretariat staff will be provided jobs in either of the 2 offices or elsewhere in
the Central Government.
Yours obediently,
1. A.V. Thomas
2. P.C. Sharma
3. M.L. Gupta
4. Mrs. M. Rau
5. Ajit Singh
6. Kushi Ram
7. M.R. Sharma
8. Amrit Lai Kapur
9. H.H. Mosavi
10. G.P. Khanna
11. Miss. S. Verghees
12. M.N. Saksena
13. Dhani Ram
14. H.R. Gupta
15. Sampuran Singh
16. D.D. Bhagwala
17. K.C. Sharma
18. A.N. Sen
19. S.N. Bhatnagar
20. H.L. Sharma
21. U.S. Puri
22. K. Raman
23. B.N. Rao
24. Pritam Singh
25. M.R. Sharma
26. Ram Lok
27. K.L. Sharma
28. Chiranjit Datta
29. Tilak Raj
30. Madan Mohan Gupta
31. Hari Shankar Sharma
32. U.N. Kamtikar
33. Pyrai Lai
34. R.L. Dugal
35. O.N. Nagar
142
Dr. Rajendra Prasad:
36. H.C. Gupta
37. C.R.D. Menon
38. Bal Ram Vasudev
39. K.B. Nair
40. P.A. Pais
41. Ram Kishan
42. R.D. Vyas
43. Sukumar Gupta
44. Miss Kamal Kumari
45. R.N. Gupta
46. Hukam Singh
47. B.D. Sharma
48. I.K.K. Menon
49. R.R. Sharma
50. H.R. Gupta
51. R.D. Sharma
52. M.R. Agarwal
53. K.J. Joseph
54. S.R. Panwar
55. Dharam Vir
56. R.M. Gupta
57. Satwan Singh
58. R.K. Singhal
59. S.K. Chatterjee
60. Md. Akram
61. Chaudhri Lai
62. Cyril Budhan
63. Amar Singh
64. Kalyan Singh
65. Nazar Hussan
66. Kalam Singh
67. Sobh Ram
68. Bahadur Singh
69. Amal Kumar
70. G. Ramachandran
71. Prem Singh
72. Udi Ram
73. Raj Bahadur
74. Baman
75. Shitla Saran
76. Ram Kesh Tiwari
77. Pratap Singh
78. Prem Singh
79. Hafiz U1 Rahman
Correspondence and Select Documents
143
80. Narpat Ram
81. Dayal Singh
82. Bal Dev Singh
83. Tara Datt
84. Reva Dhar Pande
85. Shiv Kumar Kaushik
86. Chander Singh
87. Revat Ram
88. Sugan Chand
89. Ram Ratan Sharma
90. Navin Chandra Arya
91. P.D. Kaushik
92. Shri Ram Sharma
93. Jit Ram
94. Arunachalam
95. Ramshal Singh
96. Deep Chand Sharma
97. Salig Ram Sharma
98. Mohan Singh
99. Mast Ram
100. Om Prakash
The Hon’ble President
Constituent Assembly of India
New Delhi.
164. From Mohanlal Saksena
GOVERNMENT OF INDIA
(MINISTRY OF REHABILITATION)
D.O. No. 1988/PSMR
New Delhi
August 4, 1949
My dear Rajen Babu,
Kindly refer to the correspondence ending with my D.O. No. 1915/PSMR
dated the 27th July 1949 regarding Mst. Bashiran Begum.
2. From a report received from the Home Secretary to the Chief
Commissioner, Delhi, I find that Mst. Bashiran Begum had migrated to Pakistan
during the disturbances, along with all her family members, and that the locality
144
Dr. Rajendra Prasad:
in which she was residing is at present fully occupied by refugees. Her family
members are, also reported to have Muslim League leanings. In the
circumstances, I very much regret that it is not possible for me to agree to her
permanent resettlement in India.
Yours sincerely,
Mohanlal Saksena
The Hon’ble Shri Rajendra Prasad
1 Queen Victoria Road
New Delhi.
165. From Sir N. Gopalaswami Ayyangar
D.O. No. E49F02/42/2
New Delhi
The 4th August 1949
My dear Dr. Rajendra Prasad,
With reference to your letter dated the 1st August 1949 regarding H.H.
Banneijee, I find that Bannerjee is substantively an Assistant Engineer on the
B.N. Railway on a pay of Rs.590 but is holding at present a tenure post in the
Railway Board carrying a salary of Rs.800. With the special pay and dearness
allowance, his total emoluments come up to Rs. 1,100. It is prima facie
preposterous for so junior an officer to demand a pay which will be more than 3 54
times his substantive pay and 254 times the salary of his tenure post! A
considerable point was stretched not so much in favour of the officer as for
meeting the insistent wishes of the Rajpura Development Board when the
Railway Board, as a very special case, agreed to his being given a salary of
Rs. 1,500.
I think the growing tendency among certain officers to exploit Government
funds in this fashion deserves to be repressed firmly. I, therefore, much regret
that I shall not be in a position to permit Bannerjee to draw a salary in excess of
Rs. 1,500 if he is wanted by the Rajpura Board.
Yours sincerely,
N. Gopalaswami
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
166. To H.V.R. Iengar
145
1 Queen Victoria Road
New Delhi
The 8th August 1949
My dear Iengar,
Please refer to your D.O. No. F41 /3/49-Public dated the 3/4th August 1949. 1
note that the Committee considering the question of standardising the ‘National
Flag’ is now fully seized of my views that all types of fabrics, including woollen
and silk, used in the ‘National Flag’ should be of hand-made variety. I am afraid,
it is not enough that the Committee should know my views which have, of
course, no authority and which.may even be irrelevant from the pointof view of
standardisation when the question of ‘National Flag’ is under consideration. A
point was raised that the cloth should be handspun and handwoven and we were
assured by the Government that it was not necessary to put that in the resolution as it
was assumed that the cloth will be handspun and handwoven. It is, therefore, not
only my view but I hope it is still the view of the Government. If I am correct in
my assumption that the Government’s view does not differ from mine in this
respect then I think it is necessary that the Committee should be informed of the
Government’s view and a directive should be given to it to consider
standardisation so far as cloth was concerned with that limitation. I would,
therefore, request that a directive should be issued to the Committee to that
effect. I hope you will take Government’s orders and communicate the same to
the Committee. I may add that I am writing to the Prime Minister also.
Yours sincerely,
Rajendra Prasad
Shri H.V.R. Iengar
Secretary, Home Ministry.
167. To V.P. Menon
1 Queen Victoria Road
New Delhi
8 August 1949
My dear Mr. Menon,
I have received a letter from the Hon’ble Shri Rafi Ahmed Kidwai informing
me that in Vindhya Pradesh searches of the houses of a number of Congressmen
146
Dr. Rajendra Prasad:
were carried out by the police including the house of Mr. Banaspati Singh,
President of the Ad Hoc Provincial Congress Committee, and that all this action
was being taken possibly on the basis of a letter which 1 wrote to the States
Ministry which is being treated as a complaint under section 41 1 /409. 1 should
like to know if that is so. I had written that letter because a purse had been
presented to me as President of the Gandhi National Memorial Fund which I
learnt subsequently was not made up of collections already made but that
collections were being subsequently made to reimburse the amount and that a separate
fund was also being collected. I felt that I owed it to the States Ministry to let it
know that if I had known that the purse that was presented to me was obtained
from a source other than collections made for the purpose, I may not have
accepted it.
Yours sincerely,
Rajendra Prasad
Shri V.P. Menon
Adviser, States Ministry.
168. From V. Narahari Rao
No. P.S./196 *
Gorton Castle
Simla
9th August 1949
Subject: Audit of the accounts of the Rajpura Development Board.
My dear Dr. Rajendra Prasad,
Will you kindly refer to the correspondence ending with my letter No. PS 156
dated the 4th July 1949 on the above subject? As far as I can make out, the audit
of the accounts of the Rajpura Development Board does not fall within my
statutory functions. Nevertheless, I could undertake the audit of the Board on
what is known as a ‘consent’ basis, i.e., subject to the payment of the audit
charges. But having regard to the importance of the project from the point of
view of settling the refugees and the financial interests of the Central Government
it may be possible to waive the audit fees, if any. These details can be settled after
I have seen the constitution of the Rajpura Development Board and the special
law passed by the PEPSU Government. I shall be grateful if you will kindly
arrange for the copies of the papers to be sent to me at an early date in duplicate.
I would also be glad to know the principal Executive Officer of the project so
that the Accountant General, East Punjab, to whom I propose to entrust the
Correspondence and Select Documents
147
audit work and the function of giving advice in regard to the accounts, might
correspond direct with him on all matters of detail.
Yours sincerely,
V. Narahari Rao
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road
New Delhi.
169. To V.T. Krishnamachari
Pilani
14th August 1949
My dear Shri V.T. Krishnamachari,
I am sorry I have had to come away for a few days’ rest and recoupment as my
old trouble of asthma had revived and was becoming worse day by day. I was
advised by my physician to have at least a week’s change of climate. I, therefore,
regret that I may not be able to attend the Assembly on Thursday, the opening
day, and on Friday and Saturday if the Assembly meets on Saturday also. I hope
to be back by Sunday and attend the Assembly on Monday. 1 shall be obliged if
you kindly communicate this to the Hon’ble Members and convey my request
that my absence which is due to ill health be excused.
Yours sincerely,
Rajendra Prasad
Shri V.T. Krishnamachari
Vice-President, Constituent Assembly
New Delhi.
170. From V.P. Menon
New Delhi
17 August 1949
My dear Rajen Babu,
Owing to my absence on tour I could not acknowledge till now the receipt of
your letter of 8 August. I am sorry for the delay.
1 do not think Rafi Ahmed Kidwai’s information is correct, but I am making
J48
Dr. Rajendra Prasad:
enquiries from the Vindhya Pradesh Government and shall write to you again
when I receive a reply.
Yours sincerely,
V.P. Menon
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
171. To Jawaharlal Nehru
CONSTITUENT ASSEMBLY OF INDIA
Council House
29th August 1949
My dear Jawaharlalji,
I understand from Sir B.N. Rau and also from what I remember you
mentioned to us that there is a proposal to dissolve the present Constituent
Assembly after the Constitution is passed and have a general election on the basis
of the same electorate, viz., the existing Legislative Assemblies in Provinces. I
think I should let you know my reactions to this proposal.
I think the first step in this direction will be an amendment of the Indian
Independence Act which has made the Constituent Assembly a statutory body or
to have some provision in the Constitution itself in the part dealing with
Transitory Provisions. In either case the provisions will have to be somewhat
detailed and to cover the following points:
(a) Power to dissolve the existing Assembly and to hold a general election.
(b) So far as the existing Provinces are concerned, there will be no difficulty. But
we do not have Legislatures in all the States or Unions of States. The States’
representatives in the present Assembly have been elected or nominated
under various ad hoc arrangements. Some are elected by Legislatures, some
nominated by the Rulers, some elected by ad hoc electoral colleges. There is
a proposal pending before me to authorise the Chief Commissioner of
Bhopal to nominate a member from there. There is no representative yet
from the Vindhya Pradesh Union as there is no Legislature and there is not
yet any ad hoc electoral college. Provision will have to be made to cover all
these and other cases which I may have missed. Nomination of
representatives to the Assembly is not desirable and while the nominations
already made may be tolerated on account of the peculiar and complicated
Correspondence and Select Documents
149
situation in States, it will be difficult to justify them in a new law which we
may make.
(c) Difficulty will arise regarding representation of Muslims, Christians and
Sikhs. We have decided to do away with reservation in the new Constitution
but will have to provide for them in the new law. Otherwise these
communities will have a just grievance that this general election is being
resorted to in order to get rid of their representatives who are mostly
independent members as distinguished from Congress party members.
There are certain other considerations of policy which may not be ignored. The
Constituent Assembly was elected for the particular purpose of preparing the
Constitution and care was taken by the Congress party which had overwhelming
majorities in most of the Provinces to see that prominent non-party men whose
presence was expected to be helpful to the purpose in view were elected. The new
Assembly will pre-eminently be the Central Legislature. In its election the same
consideration will not be given to non-party men. The result may be that the few
non-party men will be eliminated and on the whole we shall have a House which
will be an even more one-party House than the present one. The non-party men
will have good reason to complain that the general election will result in, even if
not so intended, returning one party.
If the object is to bring some fresh blood, it can be served by asking those
members who are also members of the Provincial Legislatures to resign and have
the vacancies Filled up by election. This will bring in a pretty large new element
and will not be open to criticism either on the part of people who have come
through separate electorates or of independents. It will also obviate the
difficulties connected with the representation of the States.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Jawaharlal Nehru
Prime Minister
New Delhi.
Copy to Sardar Vallabhbhai Patel, Birla House, Bombay.
172. From Jawaharlal Nehru
No. 1242-P.M.
New Delhi
.. . _ August 31, 1949
My dear President,
I refer to your letter dated the 29th August regarding the proposal to dissolve
150
Dr. Rajendra Prasad:
the present Constituent Assembly after the Constitution is passed.
We shall of course give every consideration to the points you have mentioned.
I might mention that there appears to be no danger of prominent non-party
men not finding a place in any new Assembly that might be elected. But the fact
has to be remembered.
The main reason for suggesting a new election on the old basis was a
psychological one. The present Assembly has grown rather stale in the eyes of the
public and any change, even a partial one, would bring an element of freshness.
But the difficulties you have pointed out are obvious and deserve every
consideration.
Yours sincerely,
Jawaharlal Nehru
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
Council House, New Delhi.
173. From V.P. Menon
D.O. No. D.7664-P/49
New Delhi
8th/9th September 1949
My dear Rajen Babu,
I am writing this in continuation of my letter dated August 17, 1949.
2. On enquiry it has been found that cases of criminal breach of trust under
Section 409 I.P.C. against Sardar Narmada Prasad Singh were registered on
complaints received from other sources. It appears that some important
incriminating Government files which used to be in the personal custody of
Sardar Narmada Prasad Singh had been retained by him and searches were made
in order to obtain possession of those files and other documents. It is reported
that some relevant papers have been found. The report that the searches have
been made on the basis of your letter to this Ministry has therefore no basis in
fact.
Yours sincerely,
V.P. Menon
The Hon’ble Dr. Rajendra Prasad
I Queen Victoria Road
New Delhi.
Correspondence and Select Documents
174. From Dr. Tara Chand
D.O. No. F.78-150/49-A1
New Delhi
10th September 1949
Dear Dr. Rajendra Prasad,
The Conference of the Indian National Commission for Cooperation with
Unesco which met in April 1949 resolved to undertake the preparation of a
scheme to educate international public opinion in the ideas and techniques
expounded by Gandhiji for the promotion of non-violence and international
understanding. The Executive Board of the Indian Commission which met on
the 23rd July 1949 appointed a Committee consisting of the following members
to take steps for implementing the Resolution adopted by the Commis-
sion:
Dr. Tara Chand — Convener.
Dr. Zakir Husain
Mr. K.G. Saiyidain
Prof. N.K. Sidhanta
Mr. Jainendra Kumar
I enclose copies of the Resolutions of the Indian National Commission and the
Executive Board for your information. The Committee held a meeting on the 8th
September 1949 in which they discussed the preliminary steps necessary for the
preparation of the Plan which will be submitted to the Unesco for the
consideration of the Member States of that Organisation. In view of the
importance and magnitude of the work to be undertaken, the Committee feels
that the advice and guidance of other eminent thinkers in India is necessary in
order to draw up a scheme which would give an adequate picture of Mahatma
Gandhi’s philosophy of non-violence and the techniques advocated or practised
by him for the promotion of peace. The Committee therefore requests you to
kindly agree to give your valuable advice to the Committee either by means of
personal discussion with the members of the Committee, or, if that is not
possible, then perhaps you may like to send your suggestions in a brief note which
may be placed before the Committee.
Since the Plan has to be ready for consideration by the 5th General Conference
of the Unesco to be held in May 1950 and we have to submit our plan by
February' 1950, it is desirable that the plan should be ready by the end of 1949. It is
Dr . Rajendra Prasad:
hoped that you will kindly let us have your acceptance of our request as soon as
possible.
Yours sincerely,
Tara Chand
(Convener, Committee for the Prepara-
tion of a Plan for the promotion of
World Peace in accordance with
the ideals of Mahatma Gandhi)
The Hon’blc Dr. Babu Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Enclosures not included.
175. From Jawaharlal Nehru
New Delhi
10 September 1949
My dear Rajendra Babu,
As the session of the C.A. is drawing to a close, we shall soon have to decide
about the manner of election of the President of the Republic for the interim
period till general elections are held. Apart from the manner of election it is
desirable to be clear in our minds about the person to be put forward. In such a
case a contested election for this brief period between our top-ranking colleagues
would be most unfortunate. Some time back there was some rumour in the Press
and you were good enough to issue a contradiction. I am told that rumours are
again afloat and some members of the C.A. are more or less canvassing. 1 feel this
must be ended.
I have discussed this matter with Vallabhbhai and we felt that the safest and best
course from a number of points of view was to allow present arrangements to
continue, mutatis mutandis. That is that Rajaji might continue as President. That
would involve the least change and the state machine would continue functioning
as before. Of course you would be a very welcome choice as President but that
would involve a change and consequent rearrangements. Also in a way to push
out Rajaji at this stage would be almost a condemnation of his work. That would
be most unfortunate. It was for these reasons that Vallabhbhai and I felt that
Rajaji’s name should be put forward for unanimous election. I hope you agree. In
this matter it would of course be fitting for you to suggest this, rather than for any
other person.
Yours sincerely,
Jawaharlal Nehru
Correspondence and Select Documents
176. To Vallabhbhai Patel
153
I Queen Victoria Road
New Delhi
11 September 1949
My dear Vallabhbhai,
I received a letter from Jawaharlalji yesterday regarding the election of the
interim President of the Republic.* I am enclosing a copy of my reply to him
which expresses my feeling.
1 hope you are doing well and the improvement in your health is main-
tained.
Yours sincerely,
Rajendra Prasad
The Hon’ble Sardar Vallabhbhai Patel.
•See Jawaharlal Nehru’s letter to Dr. Rajendra Prasad, dated 10 September 1949.
Enclosure:
1 Queen Victoria Road
New Delhi
11 September 1949
My dear Jawaharlalji,
I received your letter regarding the election of the interim President of the
Republic yesterday. I have never been a candidate for any post or honour and
when 1 issued the statement that there could be no question of any contest
between Rajaji and myself, I did so without any mental reservation. I should have
thought that at least you and Vallabhbhai would accept that statement as
genuine and would not create a contest between Rajaji and myself and consider it
necessary to reject me. If 1 had come to know even in an indirect way that the
matter was engaging your attention I would have gladly told you that there was
no occasion for you to choose between us and that I would ask all who were
interesting themselves in this election to whole-heartedly support Rajaji. It would
not then have been necessary for you to give me reasons for your decision and it
would have been my business to convince those who thought otherwise that the
right course was to elect Rajaji unanimously. It would have given me real joy
and satisfaction to do so. But this meant that I enjoyed your confidence, which I
feel I had no right or business to expect. It would have required at least in this
matter your sharing your views with me. As it is, I am required to accept and act
154
Dr. Rajendra Prasad:
upon a decision which has been taken without even the courtesy of consultation,
although it concerned me intimately as my name had been dragged into itbyyou
without my knowledge or authority. I am deprived of the chance of flattering
myself with the thought that I have not been judged by you and rejected — and
rejected too on your reasoningafter condemnation and for reasons which cannot
bear scrutiny.
You say that my election would involve change and rearrangement and that it
would be almost a condemnation of Rajaji’s work. It is not clear why change and
rearrangement in this respect should be avoided, when the whole Constitution
under which we have so long worked is going to change, when the Assembly
which has prepared the Constitution is under your advice going to be dissolved
and re-elected and that when in a great part of the country there is no suitable
electorate or even an ad hoc electorate of the kind that once elected the present
Assembly. One would have thought that all this meant a much greater change
and rearrangement than any involved in the election of a person to the post of the
President of the Republic created under the new Constitution in the place of the
Governor-General appointed by the King of England. There is no condemnation
involved or implied if a man is not reappointed to a post or to one similar to that
which he has held on the expiry of the term of his office in due course, unless he is
keen on being reappointed and is rejected. I have no reason to think that Rajaji
has been keen on being reappointed, but you know better. I wonder if it has
struck you that on that basis it will be a greater condemnation of his work, if
somebody else is set up for the Presidentship at the end of the interim period. It
should not surprise you if I feel that on the same reasoning by making me a
candidate and then rejecting me you and Vallabhbhai have condemned me and
all that I have stood for and done during all these years in association with you.
Perhaps it has been stupid of me to think that I have been one of your colleagues
deserving your confidence.
You have closed your letter with the expression of a hope that I agree with your
decision and a suggestion that I should put forward Rajaji’s name. Freedom to
agree implies freedom to disagree. No question of agreement arises when one is
confronted with a decision which one is expected and required to carry out.
Perhaps it will not be proper for me while I continue to be the President of the
Constituent Assembly to nominate a candidate for election. But that does not
present any insurmountable difficulty. I will resign the Presidentship as soon as
the work of constitution-making which the Assembly has in hand at present is
completed and before the time for nomination comes and make myself free to
carry out the decision which you have taken.
Please excuse the length of this letter and the feeling that I cannot help
entertaining that I deserved a more decent exit, particularly when I did not want
an entry. I shall try to retain the same feeling towards you both, although now
from a distance, and hope I will give you no cause to think that such kindly
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Correspondence and Select Documents
feeling as you ever bestowed on me was misplaced.
The Hon’ble Pandit Jawaharlal Nehru.
Yours sincerely,
Rajendra Prasad
177. From Jawaharlal Nehru
New Delhi
11 September 1949
My dear Rajendra Babu,
I have just received your letter of today’s date. It is nearly midnight now, but I
hasten to reply. _
I have been distressed to read your letter and to realiseThat anything that I
have written or done should have made you to come to the conclusions that you
indicate. May I, on my part, suggest that you have rather misjudged me and
perhaps indirectly Vallabhbhai? Vallabhbhai, in any event, has nothing to do
with what I wrote to you. I wrote entirely at my instance without any reference to
Vallabhbhai or consultation with him.
Perhaps I might state the facts as I know them. There was no question at any
time, and in the slightest degree in my mind, and so far as I know, in
Vallabhbhai’s mind, about any contest for the Presidentship. Long ago, that is,
about a year ago, I gave some casual thought to this matter, I might have
mentioned it to Vallabhbhai, but I do not remember doing so. Rajaji had been
functioning as Governor-General for some months. At that time we hoped that
the Constitution may be passed much sooner and in fact that it might be
promulgated some time in 1949. It struck me that it would be the easiest course
for us to adopt to ask Rajaji to continue or rather to function as President for the
relatively brief period between the promulgation and the new general elections. I
thought all this in terms of continuation. There was absolutely no difficulty in
electing any other person. But it seemed to me a simpler affair, unless there is
some special reason against it, to continue this arrangement, which was working
well. I had not then the faintest notion that perhaps you might care to agree to be
the President. 1 was thinking to some extent in terms of the large diplomatic
personnel here and the numerous formalities and functions that the Governor-
General has to observe. It had taken some time for Rajaji gradually to adapt
himself to these niceties of protocol. To have a change meant goingthrough those
processes again. For these reasons 1 thought Rajaji might as well continue. As I
have said above, I never thought of this matter in terms of Rajaji or you. Partly I
think this was so because 1 had hoped that you would be free to devote yourself to
the vital task of running the Congress organisation, to which I attach the greatest
156
Dr. Rajendra Prasad:
importance. Indeed I could see of no other person who could do this effectively.
Rajaji of course could not, as he had lost touch with the Congress organisation to
a large extent some years ago.
I do not think I spoke about this matter to anyone, certainly not to Rajaji. As
the constitution-making prolonged itself, the subject dropped from my mind. It
was only some little time back when there was some talk in the newspapers that I
remembered it again. You will remember yourself mentioning this to me and
later you issued a small Press Note on the subject. Again I quite forgot about the
matter.
I have not discussed this with Rajaji and, except for a casual mention of the
reference in the Press, I have not again spoken to Vallabhbhai about it. Only
when you issued the Press Note or round about that time there was some talk with
Vallabhbhai.
Three or four days ago, one or two members of the Constituent Assembly
rather casually mentioned to me that there had been some further mention in the
Press and that some members were talking about it. All I said was that I could not
conceive of a contest for the Presidentship between two persons like you and
Rajaji. Suddenly I discovered yesterday that this question was no longer a
distant one and that it might have to be decided, if not formally then informally,
fairly soon. It was this information that led me to write to you yesterday. As you
will have noticed, I wrote in my own hand, because I did not wish anyone to see
what I have written to you. Vallabhbhai knows nothing about my writing to you
and I have not discussed this subject at all with Rajaji.
You will notice that nothing of the kind that I have unfortunately led you to
believe from my letter actually took place. There is no question of Vallabhbhai or
me trying to place before you some kind of an accomplished fact. I am sure
Vallabhbhai had and has no such intention and certainly I did not have it. I
started with the presumption that there should be and could be no contest for the
Presidentship between you and Rajaji. Rather suddenly when I found that
matters might develop very soon, I decided to write you on my own behalf. I
mentioned Vallabhbhai’s name in my letter because about the time you issued the
statement to the Press, there had been some talk between us. Indeed it was
because you had issued that statement that I ventured to write to you, otherwise I
might have hesitated.
I am deeply sorry that I should have hurt you in anyway or made you feel that I
have been lacking in respect or consideration for you. Please believe me when I say
that this impression of yours is completely wide of the mark.
As you know, I shall be going away from India in about three weeks' time and I
shall be away for five weeks or so. Probably the Constituent Assembly will decide
this as well as other issues in my absence.
Yours sincerely,
Jawaharia! Nehru
The Hon’ble Dr. Rajendra Prasad
New Delhi.
Correspondence and Select Documents
178. To Vallabhbhai Patel
157
1 Queen Victoria Road
New Delhi
16 September 1949
!•
My dear Vallabhbhai,
1 enclose a complete set of letters that have passed between Jawaharlalji and
myself, including one of which I sent you a copy earlier. I may mention that
Jawaharlalji had written his first letter in his own handwriting and marked it as
also the subsequent letters secret and personal. My letters have also gone to him
in my handwriting to preserve secrecy in this delicate matter. The delay in sending
you copies has also been due to the same reason.
I hope we shall be closing the present session of the Assembly on Sunday (18
September), and shall have a meeting even on Sunday, if necessary. We propose
to begin the next session for completing the second reading on 6 October and the
November session for the third reading on 14 November. The Prime Minister is
leaving for America on 6 October and not returning till 14 November. We are,
therefore, ' proposing the. above programme. 1 hope it will meet with your
approval, as I understand you are returning here long before 6 October and it would
make no difference to you whether we commence the session on that date or a day
or two this way or that.
I hope your progress is maintained. I was better but have again had a setback. I
hope that when the taxing work of the Assembly is over, I may improve. We
have had to sit seven hours a day and may have to dosoagain tomorrow and the
day after.
Yours affectionately,
Rajendra Prasad
Sardar Vallabhbhai Patel.
Enclosures not included.
179. From Vallabhbhai Patel
Camp: Birla House
Bombay 6
16 September 1949
My dear Rajenbabu,
Thank you for your letter of 1 1 September 1949.
158
Dr. Rajendra Prasad:
2. Since then, I have also had a talk with you on the telephone. You told me
on the telephone that you would be sending a copy of your final letter to
Jawaharlal. I waited for it until yesterday, but I have not received a copy so far. I
am, however, hastening to write to you, undoubtedly because of the distress and
depth of feeling with which you have written your letter. Moreover, as a lifelong
colleague of yours, I owe it to you to do my best to relieve your mind of any
burden that might be weighing on it.
3. Jawaharlal has indicated to me in brief from memory what he wrote to you.
He did not keep a copy because he wrote to you in his handwriting. Therefore, he
could not send me a copy of the original letter. He has also sent me a copy of your
letter to him and his further letter to you. I am sure it must have been farthest
from Jawaharlal’s mind to cause you any pain. You know how overworked he is
and how busy his time is. In fact, my heart goes out to him in sympathy in the
great and almost intolerable burden that he is carrying. One cannot, in these
circumstances, expect him to weigh every word that he writes or, even at times, to
realise the full import of what he is writing. In these circumstances, the
subsequent letter which he has written acquires an importance of its own and
explains to you fully how his mind was working and what led him to write to you.
I am sure, you will accept that letter as finally disposing of the matter. Indeed, I
am very glad to receive just now the further correspondence that has passed
between him and you and to know that you have accepted that letter in the right
spirit.
4. As Jawaharlal has explained to you, there was no recent talk between him
and me about this matter at all. The only time we had a talk was in June when the
article in the Blitz was brought to my notice, which purported to say that there
was a contest going on between you and Rajaji about the Presidentship of the
Union. I felt that it was not desirable that there should be an impression created
in the public mind that two topmost Congressmen, who had been lifelong
colleagues, are contestants for a position of power and prestige. None of us has
ever looked at such places as prizes worthy of contest. Due to the love and
affection and mutual trust and confidence between us, we have always succeeded
in resolving such matters amicably and without any public controversy. I,
therefore, felt that it would be undesirable for such a situation to be canvassed in
the public for long involving, as it did, two devoted and loyal colleagues of
Bapu. I, therefore, sent word to you through Satyanarayan Babu to issue a
statement and I was genuinely happy when you did so; not that I had any
misgivings about your attitude in the matter, but because I felt that that would
effectively allay the apprehensions in the public mind.
5. After that, the other day, Satyanarayan Babu telephoned to me saying that
the clause regarding interim arrangements for the Presidentship of the Union
would be coming before the Drafting Committee the next day and that this
might again revive that controversy. I, therefore, sent word to him that the matter
might, if possible, be kept pending until I return, so that wc could settle the
matter in the best manner possible with the least amount of controversy and with
Correspondence and Select Documents
159
the maximum of goodwill and amity. In fact, I had no doubt in my mind that the
solution of this problem would not present any difficulty at all. But this talk on
the telephone with Satyanarayan Babu took place only two days previous to the
day you phoned to me.
6. I am sure you will agree that between us, who have spent a lifetime with each
other mutually accommodating our views and solving even more serious
controversies patiently and without any bitterness and as members of one family
there is no room nor occasion for any misunderstanding or distance. We have
been frank and candid with each other without hurting the feelings of anyone.-
There is no reason why we should be different today and there should be any
hesitation or aloofness between us. Unfortunately, each one of us is so heavily
involved in our respective engagements that the occasions for meeting each other
and sharing each other’s confidence are becoming less and less frequent. If we
could meet oftener, I am sure, we could not only share each other’s
difficulties, but we could also give a more effective lead to the organisation, which
unfortunately is showing signs of deterioration. I feel so unhappy about it. If
things had been different, I am sure, a matter like this would not have been left to
be disposed of by correspondence, but would have been dealt with on a personal
level which, in any case, is much more effective and satisfactory. Unfortunately,
our physical infirmities have increased our difficulties of having frequent
personal contact.
7. In the light of all that I have said above, I am sure you will review the matter
again and not yield to some of the sentiments and feelings which you have
expressed in your letter to Jawaharlal. Let the matter blow over completely and
you should dismiss from your mind that any distance can come between us. We
shall be near each other as we have been all these years. Our mutual regard and
affection have stood the test of a great struggle. All other tests through which
these may have to pass are bound to be comparatively insignificant.
8. We can talk about it further when I return to Delhi. For the time being, it
would give me some relief if I got your assurance that you have dismissed this
from your mind altogether.
9. I hope you are feeling better now. I myself am feeling better now and hope to
return to Delhi, if all goes well, on the 25th or 26th of this month.
With affectionate regards,
Yours,
Vallabhbbai Patel
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
160
Dr. Rajendra Prasad:
180. From Shri Ram
GOVERNMENT OF INDIA
MINISTRY OF FOOD
(Subsidiary Food Production Committee)
D.O. No. SF.12(3) 49
Jamnagar House
New Delhi
17 September 1949
My dear Dr. Rajendra Prasad,
You may be aware that the S . F. P . C. had arranged to supply banana suckers to
intending growers in Delhi in cooperation with the Horticultural Division of the
W.M.P. Ministry. The Horticultural Division has also arranged for ample
supplies of sweet potato vines. We arranged for home deliveries and although we
have already exhausted the first supply of banana suckers the response from
.Delhi was very poor. Our aim is to interest everyone to grow as much of food
crops as is possible in everyone’s garden and the cumulative effect of such
individual effort, small though it may be, is likely to be of considerable
importance in overcoming the food shortage. It would also be of great
encouragement to members of the general public if they know that Hon’ble
Ministers and other leaders are also making the maximum effort in this direction.
I would, therefore, be very glad if you would please let me know how many
dozens of banana suckers and how many hundreds of sweet potato vines we
should arrange for delivery in your house. A nominal price of four annas per
banana sucker and Re.l per 100 sweet potato vines is charged to meet incidental
expenditure. I am enclosing a copy of notes on the cultivation of bananas and
sweet potatoes.
Thanking you,
Yours sincerely,
Shri Ram
Vice Chairman
Subsidiary Food Production Committee
F.nclosure not included.
181. To Vallabhbhai Patel
New Delhi
19 September 1949
My dear Vallabhbhai,
Please accept my thanks for your letter of the 16th. 1 hope you have by now
Correspondence and Select Documents
161
received a full copy of all letters that have passed between Jawaharlalji and me
which I sent to you two or three days ago.
I entirely agree with you that Jawaharlalji has been carrying an almost
unbearable burden and it is the duty of all of us not to add to it if we cannot
lighten it. I am, therefore, sorry that anything that I wrote caused him distress and
pain and you will notice that I have apologised to him without any reservation in
my letter of 14th instant. I have to apologise to you for having written to him
about you and you, I hope, will accept it. You will notice that in his letter of the
10th which was the first letter, your name was mentioned twice by Jawharlalji
and I naturally thought that his letter represented the decision of you both. I now
know that it was not and as soon as I got Jawaharlalji’s letter of the 1 1 th giving
me this information I hastened to telephone to you, so that you might not be
taken aback.
As I have said to Jawaharlalji, the impression which expressed itself in my
letter of the 11th was the result of his letter read in the context of a sequence of
events and I would like you to read the letter of the 10th placing yourself in my
position. I felt that I deserved to be consulted before a decision was taken
particularly when I had made a public statement that I was not a contestant, and
there was no occasion to sit in judgment between Rajaji and me. Ido not wish to
repeat all that I have written in my letters to Jawaharlalji and only hope that you
will judge me and what I have done after reading them.
1 have felt not now but for a pretty longtime that neither you nor Jawaharlalji
ever think of consulting me even in matters of great public importance except
formally when we met in the Working Committee, or when 1 was a member in the
Cabinet. I did not agree with Kripalani as I understood your difficulties,
although I complained on more than one occasion that we should at least be
informed of important decisions, at least simultaneously with the Press, so that
we might not be placed in a false position. But that was a different matter
altogether. For some reason or other the public associates the names of three of
us in all matters and looks upon us as acting in all matters in unison. It is righ t that
they should do so. That strengthens the position of the party. But it also implies
that I should at least be kept informed, if not consulted which may not be
possible or even desirable in all matters and on all occasions of important
decisions taken and I should not be left to gather my information from
newspapers or gossip. That has been the position for a pretty long time. I have
mentioned all this only to show how all this has been leaving its effect on me. Not
that I do not trust you both to do the right thing but only to avoid awkward
situations which arise very often.
As regards this matter of Presidentship, as I have said, there can be no question
of a contest between Rajaji and myself, and, I might also say, between anyone else
and myself. I have never thought of these positions in terms of jobs and posts and
would not for anything at this fag end of my life do so. As I have said what hurt
me was the impression that you should have thought in spite of my disclaimer
that there was going to be a contest, and that the canvassing that was going on
162
Dr. Rajendra Prasad:
would be ended by giving a decision. I know now that that was not Jawaharlalji’s
intention and you of course knew nothing of it, and the letter was the result of
something that Satyanarayan Babu had told him. Satyanarayan Babu saw me
yesterday. He had heard that Panditji had written to me a letter and he wanted to
explain the position. You had also told me that he had telephoned to you about
the talk among Assembly members. He said that he had assured both you and
Panditji that there was much feeling among party members and that 85 percent
of the members favoured my being President and for that reason he had
suggested postponement of consideration of the matter till you return. Of course
I do not know what is passing among the members beyond what he has told me
and that some members have approached me witha requestnottosay‘no’ifthey
want my name to be proposed. I have given them the reply that I have mentioned
in my letter to Jawaharlalji. I desire only to assure you that I have no interest in
the matter at all.
I am going to Pilani today and hope to return in time for the reopening of the
next session of the Assembly on 6 October. I am told a meeting of the Working
Committee some days earlier is likely. If that materialises and my health permits
I may return earlier if required. I have managed to sit through the long sessions
of the Assembly. The work was very taxing but through God’s grace and your
blessings, I have been able to see it through. I need rest which I hope to get in
Pilani, although this stay will be rather short. I am glad improvement has been
maintained in your health and you are returning on 25th or 26th. I hope to meet
you on 6 October latest.
Yours affectionately,
Rajendra Prasad
182. To S.N. Mookerji
Camp: Pilani
Rajasthan Union
20 September 1949
My dear Shri Mookerji,
I am herewith enclosing a draft of the letter to be issued to the various
Governments. It may be issued with such changes as you or Iengar might
consider necessary. I have not mentioned one thing which you may do if you
consider it necessary and that is a paragraph indicating the allowance and other
expenses which members of the conference will be paid. Possibly that
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Correspondence and Select Documents
information might be of assistance to the local Government.
Yours sincerely,
Rajendra Prasad
Shri S.N. Mookeiji
Jt. Secy., Constituent Assembly of India
New Delhi.
Enclosure:
(Draft of letter)
I am desired to draw your attention to a resolution passed by the Constituent
Assembly (copy enclosed) and to seek the assistance of your Government in
implementing the same. It will be noticed that the President has been authorised
to get translations in the major languages of India prepared of the Constitution.
The Constitution is now almost ready, having passed the second reading stage
except for a few Articles which will be passed during the next session of the
Assembly in the second week of October. It is not likely that any major changes
will be made at the third reading stage which will take place in November. The
work of translation can be undertaken therefore as soon as the second reading is
done, that is to say, towards the end of October or beginning of November.
Translations of the Draft Constitution were prepared by Committees
appointed by the President in Hindi, Urdu and Hindustani, and are ready. Since
then some changes have been made during the second reading stage and a
Committee of Experts is examining the whole of the Hindi translation. Amongst
its members are scholars of repute — Dr. Suniti Kumar Chatteiji of the Calcutta
University, Shri Yashwantrao Date who is the author of a dictionary of
constitutional, legal and administrative terms from English into Marathi, Shri
Jaychandra Vidyalankar who has made a special study of ancient Indian history.
The Hon’ble Shri Ghanshyam Singh Gupta, Speaker of the Legislative Assembly
of C.P. & Berar, who was the Chairman of the Committee which prepared the
Hindi translation, is the Chairman of this Committee of Experts.
One difficulty which has been experienced by all who have attempted a
translation of a constitutional document like the Constitution of India which has
been prepared in the English language and which uses expressions which have
acquired special significance in that language has been to find equivalents for
them in the Indian languages. Even common expressions like Legislative
Assembly, Legislative Council, President, Prime Minister, Minister have
different equivalents in the various languages of India. This is so even in
languages which are of Sanskritic origin and which have adopted words of
Sanskritic origin for them. It is considered desirable to have as far as possible a
uniform vocabulary of. equivalents of English expressions used in the
Constitution in the various languages. The attempt of the Expert Committee
which is revising the Hindi translation is to use expressions which may be
expected to be acceptable to the various Indian languages. But obviously that
Committee is too small to give any authoritative opinion in such a matter. It is
164
Dr. Rajendra Prasad:
therefore proposed to convene a conference of scholars representing different
major languages of India who could after discussion and consultation arrive at
conclusions which would generally be regarded as authoritative. One common
equivalent in the various Indian languages for a particular English expression of
more or less a technical nature will obviously be of great advantage, particularly
when the time is reached when all our laws and rules and regulations will be
framed in the Indian languages in the different States. The proposed conference
will be held sometime in the fourth week of October and will sit till it finishes the
work according to its convenience. It is requested that your Government may
kindly send two names of scholars of each language that is prevalent in your
Province or State. In making the selection it is expected that your Government
will select persons who have special qualifications for the work in view and whose
verdict may be considered more or less authoritative in the languages which they
represent. In this connection the Government may consult literary and other
organisations that may be in existence and whose opinion counts in the Province
in such matters. It will also be desirable for your Government to obtain the
consent of the persons nominated to attend the conference which may take some
days. On receipt of such names invitations indicating the exact date, time and
place of the conference will be sent. I may mention however that if the size of the
conference becomes too large for the work in hand the President may select only
one of the two names sent by your Government. It is requested that immediate
action may be taken so that invitations may be issued well in advance of the
conference.
It will also be helpful if the Translation Department of your Government or
any other competent body supplies the equivalents of English expressions used
generally in your Province as it will be obviously desirable to select as far as
possible from amongst current expressions consistently with accuracy. For this
purpose 1 am enclosing copies of a list of English words with constitutional
and legal import used in the Constitution. More copies will be supplied if
required. Once the vocabulary is settled, the work of translation will become
comparatively easy and that may be undertaken either by the Constituent
Assembly Secretariat or by your Government, as is considered convenient. An
early reply indicating the action being taken would be greatly appreciated.
Enclosures not included.
183. From Sudhir Ghosh
D.O. No. RHB-22(1)49
New Delhi
21st September 1949
My dear Babuji,
You will remember that some months ago you received a letter from the
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Correspondence and Select Documents
International Voluntary Service for Peace offering the services of a number of
social workers from Europe and we intended to make use of the services of some
of them in the Faridabad and Rajpura projects. Mr. Derek Edwards on bahalf of
the I.V.S.P. has now written to Horace Alexander to say that these friends will be
able to come out sometime in November; but before they leave Europe they
would like to have a definite assurance from those sponsoring their work in India
that they would be provided with the minimum expenses. I enclose a draft letter
which I thought we might send to them. I have suggested that the Faridabad and
Rajpura Development Boards should arrange for their food, accommodation
and transport and travelling allowances for their journey from port to these
centres and back. I have also suggested a small sum of Rs.50 per month per head
as pocket money.
2. I am sending the draft letter through Chakradhar Babu to Pilani for your
approval and signature.
Y ours sincerely,
Sudhir Ghosh
The Hon’ble Dr. Rajendra Prasad
Pilani, Jaipur.
184. From G. V. Mavalankar
Council House
New Delhi
The 21st September 1949
Dear Dr. Rajendra Prasad,
Leai 0 sLures Pr of b P bly ^ a Conference °f all the Presiding Officers of
Legislatures of Provinces, States and States Unions in India (including the
week nf v 8 0 T &) ^ hdd under m ? Chairmanship during the first
9 r ’ a f tNeW Delhl ° ne ° f thC qU6Sti0ns which came up for
consideration at the Conference was the uniformity of terminology in the
CoT 8Uag£ m thC Vari0US legislatures in the Indian Union The
Conference came to the conclusion that it is necessarv t n i ’ f
preparing constitutional, legal and other kinrireH Z t , r y StGpS for
wh,ch shouW be
Honourable Shri Ghansh^m" "singh" Gupta" M ca" "' s “!' which thc
Provinces Assembly is the Chairman f S P eaker > Central
translation o f , h e oL, ConatitSS^^^"
166
Dr. Rajendra Prasad:
will no doubt contain a large number of words which can be used in the
Legislatures but the number of such words is not likely to be exhaustive for the
purposes of the Legislatures. The Conference, therefore, decided that I should
request you to take steps to extend the scope of the Expert Committee so as to
include the work of preparing uniform terminology for use in the various
Legislatures.
3. The Conference is also of the view that, before the Committee finalises the
words, it should consult the various Provincial Legislatures through their
Presidents and Speakers who will take action in their respective spheres for
examining the terminology and make suggestions to the Committee who may
consider the same and then finalise. If considered necessary, a few more experts
may be co-opted to the Committee for this purpose in consultation with its
Chairman.
4. I hope it will be possible for you to accede to the requestof the Conference.
Thanking you,
Yours sincerely,
G.V. Mavalankar
185. To the Cabinet Secretary
Pilani (Rajasthan Union)
23rd September 1949
May I draw your attention to an announcement purporting to have been
issued by the Cabinet Secretariat which has been published in The Statesman
which has reached me here this morning? It is to the effect: “The Government
with the approval of the Speaker have decided to call an emergent session of the
Constituent Assembly (Legislative) on Wednesday, October 5, to consider the
question , of devaluation of the rupee and important consequences following
from it. The Assembly will meet at 1 1 a.m. on thatdate.”Underthe Constitution
neither the Government nor the Speaker nor both jointly are entitled to call a
meeting of the C.A. (Legislative). The C.A. (Legislative) is summoned and
prorogued under the orders of the President of the Constituent Assembly under
the Constitution as it stands. So far as the meeting of the fifth is concerned, I was
approached by the Deputy Secretary of the C.A. (Legislative) with a request that I
should approve the calling of the meeting on the 5th for purposes mentioned in
the announcement and I gave the necessary approval. So in actual fact the
meeting has been convened strictly in terms of the Constitution but the
announcement of the Cabinet Secretariat is not correct in terms of the
Constitution. The mistake is possibly due to the ignorance of the real
constitutional position. Although it has made no practical difference in the present
case, it is desirable that the law and the constitution should be strictly adhered to
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Correspondence and Select Documents
both in spirit and letter and the announcement seems to me to offend against
constitutional propriety. . ,
Yours sincerely,
Rajendra Prasad
186. To G.V. Mavalankar
Camp: Pilani
(Rajasthan Union)
23rd September 1949
My dear Shri Mavalankar,
I have received your D.O. No. 6748/49A dated the 21st instant drawing my
attention to the resolution of the Conference of all the Presiding Officers of
Legislatures of Provinces, States and States’ Unions in India regarding the
preparation of a common terminology of constitutional, legal and other kindred
terms. You may have noticed that the Constituent Assembly has passed a
resolution authorising me to get a Hindi translation of the Constitution
published under my authority and my certificate before the 26th January and
also to get translations in other major languages of India prepared and published
as speedily as possible. As you are aware, the work of Hindi translation has made
headway. A translation of the original draft was prepared by a Committee under
the Chairmanship of the Hon’ble Shri Ghanshyam Singh Gupta. Since then the
Draft Constitution has itself undergone a considerable change and revision of that
translation has for this and also other reasons become necessary. 1 accordingly
appointed a. Committee of Experts again under the Chairmanship of Shri
Ghanshyam Singh Gupta to revise the translation. Amongst its members 1 took
scholars of repute whose opinion could be valuable. Dr. Suniti Kumar Chatterji,
a distinguished philologist and professor of the Calcutta University, Shri
Yashwantrao Date who has prepared a dictionary from English into Marathi of
legal terms, Shri Jaychandra Vidyalankar, who has made a special study
ol Ancient Indian History and published some works of great value in the Hindi
language, Shri M. Satyanarain, who speaks Telugu but knows some of the other
South Indian languages and who has been in charge of the Hindustani Prachar
Sabha of Madras for many years, and Shri Rahul Sankrityayan who was the
President of the Hindi Sahitya Sammelan at the time the appointment was made
and who is a scholar of repute. They have been revising the translation and have
practically revised or retranslated almost all the articles of the Constitution that
have been sp far adopted in the second reading. When I made this appointment I
had only in view the Hindi translation but 1 felt even at that stage that it would be
a great advantage if we could evolve a constitutional and legal terminology which
could be generally accepted by other languages of India also. It was for this
168
Dr. Rajendra Prasad:
reason that I took care to have scholars who could speak with some authority for
other languages also and utilise, to the extent it was found possible, necessaiy
expressions used in ancient Indian and in Sanskrit literature generally. I had
appointed Professor Mujib of the Jamia Milia so that expressions in current use
derived from Persian or Arabic might also be utilised but unfortunately he could
not see eye to eye with other members of the Committee and resigned, 1
understand that the aim of the Committee has been to use expressions which will
be acceptable to other languages also.
Since then the Constituent Assembly has passed certain articles adopting
Hindi as the official language of the Union and authorising a State to adopt any
of the languages in use in it or Hindi as the language or languages to be used for
official purposes in that State. It has also in another connection mentioned 14
languages as the languages prevalent in different parts of the country. English
will be used for fifteen years within which time, it is hoped, Hindi will be in a
position to take its place for all-India purposes. It has, therefore, become all the
more necessary to have a legal and constitutional terminology which will as far as
possible be common to all the major languages of India so that bills and other
measures passed by State Legislatures and the Parliament may use the same terms
to express the same meaning. I have, therefore, taken steps to convene a
conference of experts in the various languages which would be asked to evolve a
terminology which will be common to all the major languages so far as the
constitutional and legal concepts are concerned. I am requesting the various
Provincial and State and Union Governments to send two names of such experts
to represent each language that is current in their respective areas. I propose to
have this conference towards the end of October if we can get the names in time.
A list of English expressions used in the Draft Constitution is also being sent to
the Provincial Governments to furnish the Conference with equivalents for those
words in current use in their respective languages. I have for the present confined
this to the terms used in the Constitution forthe reason that the Hindi translation
has to be published before the 26th January and the other translations as speedily
as possible. I was also not aware of the resolution of the Conference of Presiding
Officers of Legislatures to which you have made a reference. But it will be easy to
extend the terms of reference so as to include not only the expressions used in the
Constitution but also other expressions which may be required to be used by
Legislatures and generally in law.
I am afraid on account of the shortness of time it will not be possible to consult
the Legislatures before the terminology is finalised for the purposes of the
translation of the Constitution. But I am going to send out to the Presiding
Officers of the Legislatures copies of the list of English expressions with a request
that they might also furnish the Conference with their equivalents in the
languages in use in their jurisdiction. 1 may ask the Conference to take up the
larger work suggested by your Conference after this work is done or if I find that
it can be conveniently and expeditiousfydone simultaneously with it. I have not,
got any list of other English expressions outside those used in the Constitution
Correspondence and Select Documents
ready at present and that may involve delay which will have to be avoided if the
resolution of the Constituent Assembly has to be implemented in time. But the
Conference certainly may be asked to continue its work and complete it as
desired by your Conference.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri G.V. Mavalankar.
187. To S.N. Mookerji
Pilani (Rajasthan Union)
23 September 1949
My dear Shri Mookerji,
I am enclosing a letter which I have received from the Hon’ble the Speaker*
and also a copy of the reply which I have sent to him for your record.f You will
notice that 1 have promised that I would be sending a list of English expressions
to the various Provincial and State Legislatures with a request that they should
also furnish the equivalents for them as current in languages of their respective
areas, as you have done to the Provincial Governments. This should be complied
with. '
Yours sincerely,
Rajendra Prasad
Shri S.N. Mookerji
Jt. Secy., Constituent Assembly
New Delhi.
♦See G.V. Mavatankar’s letter to Dr. Rajendra Prasad, dated 21 September 1949.
|See Dr. Rajendra Prasad’s letter to G.V. Mavalankar, dated 23 September 1949.
188. To H.V.R. Iengar
Pilani (Rajasthan Union)
23 September 1949
My dear Shri Iengar,
My attention has been drawn to an announcement purporting to have been
issued by the Cabinet Secretariat which has been published in The Statesman
170
Dr. Rajendra Prasad:
which has reached me here this morning. It is to the effect; “The Government
with the approval of the Speaker have decided to call an emergent session of the
Constituent Assembly (Legislative) on Wednesday, October 5, to consider the
question of devaluation of the rupee and important consequences following from
it. The Assembly will meet at 11 a.m. on that date.” Under the Constitution
neither the Government nor the Speaker nor both jointly are entitled to call a
meeting of the Assembly whether as a constitution-making or legislative body. In
practice also the C.A. (Legislative) has so far always been summoned and
prorogued under the orders of the President of the Constituent Assembly which
is in accordance with the Constitution as it stands. So far as the meeting of the 5th
October is concerned, I was approached by the Deputy Secretary of the C.A.
(Legislative) with a request that I should approve the calling of the meeting on the
5th and I gave the necessary approval. So in actual fact the meeting has been
convened strictly in terms of the Constitution but the announcement of the
Cabinet Secretariat is not correct in terms of the Constitution. The mistake is
possibly due to the ignorance of the real constitutional position. Although it has
made no practical difference in the present case, it is desirable that the law and the
Constitution should be strictly adhered to both in spirit and letter and its form
duly observed. The announcement seems to me to offend against constitutional
propriety. Perhaps you might consider it worthwhile to take up the matter with
the Cabinet Secretariat and remove their wrong impression.
Yours sincerely,
Rajendra Prasad
189. To H.S.L. Polak
Camp: Pilani
Rajasthan Union, India
26th September 1949
My dear Mr. Polak,
I owe you an apology for not writing to you so long after receiving your letter
dated the 2nd June 1949. As you may be aware, the Constituent Assembly has
been busy with the consideration of the Draft Constitution and as its President I
have had a very strenuous time. I have also not been keeping quite good health.
The last session ended on the 18th instant and we are going to have another
session, beginning on the 6th October in which we hope to complete the second
reading which entails detailed consideration of each article of the Draft
Constitution. We shall have then another break and meet about the middle of
November for the third reading when the Constitution will be finalised.
As the question of Bills pending in the Privy Council was under the
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Correspondence and Select Documents
consideration of the Government, I was unable to write to you anything
definitely about it. But during the last session of the Assembly towards its close a
Bill was introduced by the Government and passed by the Assembly abolishing
the jurisdiction of the Privy Council even in regard to the pending cases. The
result will be that they will all be recalled to India for hearing by the Supreme
Court. Care has, however, been taken to cause as little inconvenience and loss to
the litigants as possible. It was after a great deal of consideration that the decision
was taken which has been embodied in an Act.
With kind regards,
Yours sincerely,
Raiendra Prasad
Mr. H.S.L. Polak
49 Earls Avenue
Folkestone, Kent
England.
190. From Dharma Vira
No. 170/CF/49
CABINET SECRETARIAT
New Delhi
28th September 1949
Dear Dr. Rajendra Prasadji,
My attention has been drawn by H.V.R. lengar to the announcement on
behalf of the Cabinet Secretariat regarding the calling of an emergent session of
the Constituent Assembly (Legislative) on Wednesday, 5th October, to consider
the question of devaluation of the rupee and important consequences following
from it and to the fact that the announcement offends against constitutional
propriety inasmuch as a meeting of the Constituent Assembly whether legislative
or constitution-making can be called only with the permission of the President of
the Constituent Assembly and not otherwise. I hasten to apologise for the
mistake which was entirely due to ignorance on my part of the real constitutional
position. The Cabinet decision to convene a session of the Constituent Assembly
(Legislative) was arrived at in the evening and my instructions were to announce
that such a session would be held after obtaining the approval of the Speaker.
Not knowing the constitutional position properly, I thought that the concurrence
of the Speaker was sufficient for the purpose and that after obtaining his
172 Dr. Rajendra Prasad:
concurrence I could make the announcement. I do hope you would kindly accept
the above explanation.
With my personal regards,
Yours sincerely,
Dharma Vira
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
Camp: Pilani (Rajasthan).
191. From Rup Chand
EMBASSY OF INDIA, KABUL
No. 178/48/2
Kabul
29th September 1949
Respected Doctor Sahib,
I am enclosing herewith a copy of our letter No. 178/48/1, dated the 22nd July
1948, to the Ministry of External Affairs and Commonwealth Relations. We have
so far received no reply.
The Afghan Press published the following news item regarding the World
Pacific Conference to be held at Santiniketan:
A Pacific Conference will be held in Santiniketan in January next. The
Conference will discuss the present current affairs and perpetual peace of
the world on the basis of peace and non-violence as preached by Mahatma
Gandhi.
The Conference will be attended by India, Pakistan, Germany, Italy,
France, Switzerland, Finland, Belgium, Norway, Denmark, Phillipines,
China, Japan, America, Canada, East Africa and Palestine. It is hoped that
the Conference will be attended by the representatives of Burma, Siam and
Egypt as well.
I am of the opinion that a delegation from Afghanistan should also be invited
to attend this Conference. Some Afghan intellectuals and lovers of peace would
like very much to avail of the opportunity. Even now it is not too late to extend to
Correspondence and Select Documents
them an invitation through our Embassy.
173
Yours sincerely,
Rup Chand
Ambassador
Dr. Rajendra Prasad
President, Indian National Congress
New Delhi.
Enclosure:
(Copy of Chancery D.O. letter No. 178/48/1 dated 22nd July 1948 from the
Embassy of India, Kabul, to the Ministry of Foreign Affairs and Commonwealth
Relations, Government of India)
Subject: Afghan Delegation to the World Pacific Meeting to be held at
Santiniketan (West Bengal) in January 1949.
We enclose herewith a news item dated 20th July received by us from New
Delhi through wireless regarding the forthcoming World Pacific Meeting to be
held in January 1949 at Santiniketan. We venture to suggest that a delegation
from Afghanistan may also be invited to participate in this meeting. Dr.
Rajendra Prasad, President, All India Congress Committee, may kindly be
sounded on this subject. In case the help of our Embassy is needed to arrange for
a suitable Afghan delegation, kindly let us know.
192. To Dr. Tara Chand
Pilani (Rajasthan Union)
29 September 1949
My dear Dr. Tara Chand,
Many thanksforyour letter No. F. 78-I50/49A dated the 10th September 1949
conveying to me resolution of the Indian National Commission for Cooperation
with Unesco to undertake preparation of a scheme to educate international public
opinion in the ideas and techniques expounded by Gandhiji for the promotion of
non-violence and international understanding and the enclosures. I find it
difficult to reply to it not being acquainted with the nature and the scope of the
work undertaken by Unesco and the contribution which the Indian National
Commission is expected to make. It would be better if I could have a talk with
174 Dr. Rajendra Prasad;
you or any other member of the Committee. 1 shall remain in Delhi from the 3rd
to the 18th October.
Yours sincerely,
Rajendra Prasad
Dr. Tara Chand
Secretary, Ministry of Education
Government of India
New Delhi.
193. To Dharma Vira
1 Queen Victoria Road
New Delhi
5 October 1949
My dear Shri Dharma Vira,
This is to thank you for your letter No. 170/CF/49 dated 28th September
1 949. When I came to know from the Press that an announcement had been made
regarding the holding of the sitting of the Constituent Assembly (Legislative), 1
did realise that it was by mistake and so I wrote to Iengar to contact you so that
you may regularise it. There is nothing to worry about it.
Y ours sincerely,
Rajendra Prasad
Shri Dharma Vira
Cabinet Secretariat
New Delhi.
194. To Sri Krishna Sinha
1 Queen Victoria Road
New Delhi
20th October 1949
My dear Sri Babu,
You will remember that when I met you last, I spoke to you about a delegation
of Jains regarding the Parasnath hills and jungles which had waited on the Bihar
Government. You told me that you did not know anything about it and that you
would make enquiries about it and let me know. I met Sardar yesterday. He was
Correspondence and Select Documents
175
again enquiring whether 1 had spoken to you about it. 1 told him that 1 had
mentioned the matter to you and that you did not know anything about it and
would let me know about it after making enquiries. I shall be obliged if you let me
know about it so that I may communicate it to him.
Yours sincerely,
Rajendra Prasad
The HonTjle Shri Sri Krishna Sinha
Patna.
195. From Ram Saran Upadhyay
D.O. No. 7579/59-1-49
Patna-6
The 27th October 1949
My dear Sir,
Sri Atul Chandra Ghosh, Silpasram, Purulia, has sent to you a copy of a letter
dated the 17th/ 18th October 1949 that he has written to me on the subject of the
posting of some Bengalee lady teachers and of the medium of instruction
followed in Bihar Government Basic Schools.
1 am enclosing herewith for your perusal a copy of the reply that I have sent
him in my D.O. letter No. 7578/2E-12/49, dated the 27th October 1949. When my
enquiry as stated in para 2 of my reply is completed, I shall write to you again.
Yours sincerely,
R.S. Upadhyay
Secy., Bihar Education Board, and
Inspector of Basic Education
Hon’ble Deshratna Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
Enclosure:
(Copy of letter from Ram Saran Upadhyay to Atul Chandra Ghosh)
D.O. No. 7578 /2E- 12-49.
Patna-6
The 27th October 1949
My dear Atul Babu,
I have received only today (the 25th October 1949) your letter dated the
176
Dr. Rajendra Prasad:
17th/ 18th October 1949.
I am really sorry that there should have been any occasion for you to get
worried about Srimati Mira Sen and Srimati Gita Das Gupta, who had been
posted to the Kenda Basic School since transferred to Manidih and to the Durma
Basic School. They feel reluctant, and rightly so, to live each alone, in an outlying
place and that also without suitable accommodation and company being made
available in the locality and they sent me a note to that effect in their letter dated
the 15th October 1949. Immediately on receipt of their letter on the 16th October
1949, 1 asked Sri Sampat Kumar Singh, Assistant Inspector of Schools attached
to the Headquarters, to pay a visit to the two schools and to see the lady teachers,
the Headmaster of the Pindrajora Basic Training School and the local people,
and to find out if any suitable arrangement for accommodation could be
immediately improvised. He could not meet the Headmaster of the Pindrajora
Basic Training School as he was away from the station availing himself of the
Puja vacation. But he visited the localities, Manidih and Durma, and met and
consulted the ladies. He has reported, in consultation and agreement with them,
that they should be, for the present and until accommodation to our satisfaction
could be provided in some Manbhum Basic Schools, be transferred to some
other places where they could be properly and comfortably housed. I have
accordingly passed orders placing them on deputation, until further orders, to
the Practising School attached to the Patna Basic Training School, where they
will have accommodation in the women’s hostel under the control of a Lady
Superintendent. They are also due for the final course of training and by the time
that they complete the course, suitable accommodation for women teachers will
have been provided in many of the Manbhum basic schools and elsewhere.
2. Regarding the other complaints made by them and repeated in your letter
under reference, I have called for a report from the Headmaster, Pindrajora Basic
Training School, and will pass further orders, as necessary, as soon as the report is
received. Indeed, so far as the posting of the two teachers to the schools in the
interior is concerned, I have already expressed to the Headmaster, Pindrajora
Basic Training School, my disapproval of his action in posting them to those
places without previously satisfying himself about the adequacy and suitability
of the accommodation provided by the people of the locality who had
volunteered to do so and without his having provided them a proper escort while
on their way to those places from Pindrajora. I shall write to you again when my
enquiry about the complaints is completed and I have received the report of the
Headmaster.
3. On the subject of the medium of instruction, I have issued the following
orders to all basic schools under me in accordance with the resolution passed by
the Central Advisory Board of Education, at its 15th meeting held at Allahabad
on the 7th January 1949:
Resolved that the -medium of instruction in the Junior Basic stage must
be the mother tongue of the child and that where the mother tongue was
177
Correspondence and Select Documents
different from the regional or State language, arrangements must be made
for instruction in the mother tongue of the children, provided there are at
least 40 such pupils in a school. The regional language where it is different
from the mother tongue should be introduced not earlier than the 3rd class
nor later than the end of the Junior Basic stage. In order to facilitate the
switch-over to the regional language as medium of instruction in the
secondary stage, children should be given the option of answering
questions in their mother tongue for the first two years after the Junior
Basic stage.
4. The mother tongue of a pupil in a Bihar Government Basic School is as
stated by his or her parent or guardian. The Pindrajora basic schools have on
their roll pupils whose parents and guardians have stated that they should be
taught through the medium of Hindi as their mother tongue.
As Manbhum, however, is a district bordering on Bengal, there are settlers in it
that have Bengalee as their mother tongue. Orders have been issued consequently
that whenever or wherever there be pupils numbering at least 40 in the school as a
whole, or at least 10 in a class, whose guardians state their mother tongue to be
Bengalee, these pupils should be taught through the medium of Bengalee in terms
of the resolution pf the CAB of Education quoted above and that if that required
some reshuffle of the staff of the teachers and, if the reshuffle could not be
arranged for by transfers of teachers among the schools under the control of a
particular officer, that officer should write to me for ordering transfers from
elsewhere. Orders have also been issued to the Principals of all the Basic Training
Schools in Bihar, that each trainee should be made proficient, in addition to
Hindi in the Devanagari script, in at least one of the other languages in use in
Bihar such as Bengalee, Maithili, Urdu, Oraon, Ho, Mandari, Santhali and
Oriya. The trainees that-speak these languages have also arrangements in basic
training to learn Hindi. So, before long, there will be, in all the basic schools in
Bihar, teachers capable of teaching through at least one language other than
Hindi.
5. Srimati Mira Sen and Srimati Gita Das Gupta had been posted each to one
of the basic schools in Manbhum with the above purpose in view. But as proper
arrangement for accommodation is not available at those schools, they have to
be deputed to the Patna Practising Basic School and then for the final course of
training, for the time being.
I remain, with respects,
Yours sinderely,
R.S. Upadhyay
Secy., Bihar Basic Education Board, and
Inspector of Basic Education
Sri Atul Chandra Ghosh
Silpasram, Purulia.
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Dr. Rajendra Prasad:
196. From Mohanlal Saksena
GOVERNMENT OF INDIA
(MINISTRY OF REHABILITATION)
D.O. No. 3209/PSMR
New Delhi
27th October 1949
My dear Rajendra Babu,
Many thanks for your letter dated the 20th October 1949 regarding the
provision of gainful employment for the refugees in the Faridabad and Rajpura
Camps and the discontinuance of gratuitous relief.
I am glad to hear that there is great eagerness amongst the refugees both at
Rajpura and at Faridabad to get down to work and earn their living instead of
depending on doles. If by spending a sum of Rs.3 lakhs on relief on a population
of 20,000 at Faridabad over the next four months we can provide the displaced
persons with work and also enable them to acquire such earning capacity as will
make them independent of Government assistance, I think it will be worth our
while to spend this amount and I agree to place it at your disposal. In the case of
Rajpura where the camp population is going to be about 30,000 we shall make
available to you a proportionate amount.
As regards the formula to be adopted in giving assistance to the displaced
persons in these two camps your suggestion about giving a man a bonus of Re.l
for every rupee earned by him in the first month and reduce it to annas 12 and
annas 8 and annas 4 per rupee in the subsequent months appeals to me, but I feel
that there should be a ceiling. I suggest that the earning of the bread-winner of a
family plus the relief he gets in the shape of bonus should not exceed Rs.100 per
month. We should also take into consideration the cases of families with more
than one earning member. In such cases the head of the family should not get the
bonus in addition to his earning, but other earning members should only get their
wages, but no bonus. These are the suggestions that come to my mind, but I leave
it to you to decide what formula you consider most expedient under the
circumstances.
Yours sincerely,
Mohanlal Saksena
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
197. From Ram Saran Upadhyay
D.O. No. 7584/51-1-49
Patna-6
The 29th October 1949
My dear Sir,
Please refer to your letter dated the 24th October 1949 from Camp Pilani.
1 have taken up the matter about the two lady teachers and have sent you a
copy of the letter that I have sent to Sriyut Atul Chandra Ghosh. I shall inform
you again.
With respects,
Yours sincerely,
R.S. Upadhyay
Secy., Bihar Basic Education Board, and
Inspector of Basic Education
Sriyut Deshratna Dr. Rajendra Prasad
1 Queen Victoria Road, New Delhi.
198. From Sita Ram
HIGH COMMISSIONER FOR INDIA IN PAKISTAN
Damodar Mahal
Karachi-5
8th November 1949
StFTGftr RET fer?!
The wedding of my son Dr. Satish Chandra, M. A., D.Phil., is to take place on
November 22 at Dehra Dun. I dare not ask you to participate in the marriage
itself because that will be too selfish and too improper for me to make a request of
this nature, having regard to your heavy preoccupations of a public character.
I am holding a Reception on Saturday, the 26th November, at Meerut for
which a formal invitation will be despatched to you in due course from Meerut.
Meerut is only about 40 miles from Delhi and at the most it should not take more
than an hour and a half by car. The time of the Reception is 4 o’clock. So if you
can possibly fit it in your programme kindly grace the occasion and bless the
couple in person. It will stand in good stead to the newly married couple and will
be a source of pleasure and honour to me and my family. Even if you leave Delhi
at 3 o’clock and reach my house at half-past four and stay for about an hour orso
180
Dr. Rajendra Prasad:-
you would be back in Delhi the same evening by 7 o’clock at the latest.
My house is ‘CHAMPA’, Civil Lines, almost opposite the Commissioner’s
residence. You have to reach the ‘Begum Bridge’ and from there to my residence.
A reply may kindly be sent to me at Meerut. I do hope that you will be pleased
to accede to my humble request in spite of inconvenience, particularly as it would
be a Saturday. There will be no occasion in my lifetime for the marriage of a male
member of my family.
Yours sincerely,
Sita Ram
Dr. Rajendra Prasad.
199. From K. Santhanam
D.O. No. 6004-TC/D
New Delhi
November 11, 1949
My dear Sir,
Reference your D.O. dated 8th October 1949, 1 regret that wrong information
was furnished in the first instance and that subsequently there was so much
confusion about the charges due for your journey to Loharu in a tourist car.
2. Normally, arrangements for the use of a tourist car are made with the head
office of the railway and that is apparently the reason why the District Traffic
Officer was not in a position to furnish information regarding the cost. The
charges prescribed in the tariff include empty haulage from the base station to
the station at which the tourist car is required and from the station at which the
tourist car is released to the base station. This empty haulage charge is Re.l per
mile. The minimum loaded haulage charge is Rs. 2 per mile and, in addition, a hire
charge of Rs.20 per day is levied.
3. The charges originally levied by the station staff, Delhi, were therefore
correct, viz.,
Loaded charge for 109 miles at Rs.2 per mile Rs.218
Hire charges for one day Rs.20
Empty haulage from Loharu to Ajmere, 240
miles, at Re.l per mile Rs.240
Total Rs.478
4. 1 am informed that the General Manager, B.B. & C.I. Railway, has, in his
Correspondence and Select Documents
181
discretion, allowed refund of Rs. 133 being empty haulage charges from Reengus
to Ajmere, presumably because the tourist car would have had in any case to be
hauled empty over this section when returning to its base. Normally, however,
empty haulage charges from the station of release to the base station are
recovered.
Yours sincerely,
K. Santhanam
Minister of State, Transport & Rehabilitation
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Road, New Delhi.
200. To N. V. Gadgil
1 Queen Victoria Road
New Delhi
13th November 1949
My dear Gadgil,
May 1 introduce to you Mr. L.K. Mathur who has for many years served in
Burma Oil Company operating in Assam? He has had considerable experience of
oil prospecting in the veiy extensive area that we have in Assam, Tripura, etc. I
have had a talk with him and as he has very extensive information, it will be of
considerable help to our Government. I understand he has applied for a post in
the Geological Survey of India and considering that there are not many people
qualified for a job like that, there is good chance of his being taken in. But I am
writing this to you not for that purpose, but to request you to give him a little time
so that he might give you some information which might be worthwhile to have.
The Hon’ble Shri N.V. Gadgil
Minister for Works, Mines & Power
Government of India, New Delhi.
Yours sincerely,
Rajendra Prasad
201. From Dr. Tara Chand
Dear Dr. Rajendra Prasad,
New Delhi
17th November 1949
I am enclosing a copy of the Report of the Universities Commission which was
182
Dr, Rajendra Prasad:
appointed by the Government of India to survey the work of the Indian
Universities and to recommend necessary changes in their constitutions and
functions in order to fit them for the service of free India. I will be greatly obliged
for any remarks or suggestions which you may, after the perusal of the Report,
like to communicate to me.
Yours sincerely,
Tara Chand
Secretary, Ministry of Education
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
New Delhi.
Enclosure not included.
202. To Dr. Tara Chand
1 Queen Victoria Road
New Delhi
21st November 1949
My dear Dr. Tara Chand,
This is to acknowledge with thanks the receipt of a copy of the Report of the
Universities Commission of the Government of India which you have sent. I shall
go through it as soon as I get time to do so.
Yours sincerely,
Rajendra Prasad
Dr. Tara Chand
Secretary, Ministry of Education
Government of India
New Delhi.
203. From R.R. Diwakar
New Delhi.
November 25, 1949
My dear Rajendrababu,
One or two friends told me that you were under the impression that Geeta
Correspondence and Select Documents
183
readings will be stopped by A.I.R.
The fact of the matter is that all religious broadcasts as such, as on particular
days and at particular times, would be stopped. This was necessitated by claims
and counter-claims by different religions and sects on the time and stations of
A.I.R.
But in place of these religious broadcasts as such, it has been decided to give
recitations, commentaries, etc., from books of various religions, emphasising the
philosophical and moral aspects of the same.
You will be pleased to know that just at present many of the A.I.R. stations are
giving broadcasts from Vedas, Upanishads, Geeta, Ramayana, Mahabharata,
Sanskrit classics as well as from books of other religions.
Hindi lessons for three months also will begin from non-Hindi A.I.R stations
as from the 18th of December.
Yours sincerely,
R.R. Diwakar
Minister for Information & Broadcasting
The Hon’ble Dr. Rajendra Prasad
I Queen Victoria Road
New Delhi.
204. From Dr. Tara Chand
New Delhi
25th November 1949
My dear Dr. Rajendra Prasad,
Rn Af \ Cr cons'dering ah the alternatives regarding dates for the meeting of the
® . d ° f Edltors of tEe Indian History it appears to me that the most suitable
date will be January 5 1950, and as you may not be free in the morning I am
calling the meeting in the afternoon at 2.30 p.m. at your house. I hope this would
Yours sincerely,
Tara Chand
Dr. Rajendra Prasad
President, Constituent Assembly
1 Queen Victoria Road
New Delhi.
184
Dr. Rajendra Prasad;
205. From Dr. N. V. Thadani
25th November 1949
Dear Dr. Rajendra Prasad,
I am writing this to give you a little trouble, but hope that you would not mind
it. I understand that in the new Constitution for India, the Sindhi language does
not figure as one of the regional languages. I am sure you will agree that the effect
of this is likely to be that Sindhi, which is at present recognised as a modern
Indian language in a number of Universities, would cease to continue so before
long.
I am not writing this merely as a Sindhi myself or on sentimental grounds. The
preservation of a language would be an important matter in normal times; but
the Hindus of Sind have suffered so much that it would probably make little
difference to them if even their language were lost. But I believe the loss to India
would be greater still. I am not sure, however, if the real character of the Sindhi
language is generally understood. But as Mohen-jo-Daro is the oldest record of
Aryan civilisation, even so is Sindhi one of the oldest, if not the oldest, Prakrit
language; and its links with Sanskrit, in its grammatical forms and construction
are, I believe, closer than those of any other language in Northern India. This is
unfortunately not appreciated even by the Sindhis themselves, because of the
script, which, as you know, has for some time past been Arabic; and it is a legacy
of British rule. Besides, not many Sindhis have made a study of Sanskrit; and no
one can complain if others do not know the real character of their language.
But I believe you are aware that Sindhis have an unusual aptitude in learning
and even speaking the languages of North India; and its links with Gujarati,
Kutchhi and Kathiawari, as well as Punjabi, would be obvious to even the most
casual observer. This facility is, I believe, due to the genius of the language itself;
and it would be a tragedy to destroy what may easily be an asset to the linguistic
problem of India itself. I am glad to find — and this is your own view too — that
Hindi can become the language of all India only if it draws upon the best that is in
the different parts of the country; and I have no doubt in my mind that the Sindhi
language can play a most important part in this reconstruction.
I am accordingly venturing to write this letter to you as President of the
Constituent Assembly, with the request that if you believe that there is something
in what I have said, you might be so good as to take such steps as maybe required
to include Sindhi among the regional languages of India. It is possible that the
omission is due to the fact that the region to which Sindhi belongs has ceased to
be a part of India. But I think this would be only a technical objection, as Urdu
itself, which is included in the list, would belong to the same category too. There
are about twelve lakhs of Sindhis now scattered all over the country, but a fair
number of them have, I believe, settled down in the Province of Bombay; and the
technical difficulty of a region could, I believe, easily be overcome, I should,
therefore, feel very grateful if you give the matter your kind and sympathetic
Correspondence and Select Documents
185
consideration; and if you would like to have a clarification about the cnaracter of
the Sindhi language, to which I have referred, it would give me great pleasure to.
elucidate the point at any time convenient to you.
Yours sincerely,
N.V. Thadani
Principal, Hindu College, Delhi
206. From Jawaharlal Nehru
8 December 1949
My dear Rajendra Babu,
Before you left Delhi I had occasion to have two talks with you about the
fn InSa I U amalar d ^ P articular ™«ers. As I look round the scene
ndia, I am alarmed and distressed at many developments that are takinu
Ofthe heavy 01 de P ressed for any length of time. But I cannot rid myself
of the heavy responsibilities that fate and circumstance have thrust upon me if
chiefly by a limited number of nr , on S ress was concerned, was borne
and if we could get Dunn ^ s life > ™ all looked to him
ahead. Since his death, E action, we felt assured and went
form the old guard ofthe Concrete fa I " ore dl [ flcult - But even so some of us, who
the position or office we occupied Prart • ^ Shar ? thlS res P? nsibi, ity whatever
others, the men who in practice should* J JP ea ^ lng ’ and withnodisre spectto
Maulana and Vallabhbhai We funrti^!? hlS bUrden Were y° ursel f» Rajaji,
activity and did not have he on nnn f “ S ° meWhat different *Phere of
used to, but whether w^wanted^no^w *° C °" SUU 6ach ° ther as ofte " a s we
came to us partly from our assumption nf ff - U d £ 0t gCt nd ° f this burden - ft
position we had occupied for three deSe °?r ‘ mUCh m0re 80 from the
we resigned from any particular ° the Congress raovement - s ° even if
responsibility. That was a charge laid uno We . COl ! ld not esca P e from this
development and struggle of Ihe US by the Whole course of India’s
demanded that we should carry on thk gen ® ratl0n - The memory of Bapu
confidence ofthe people also made us the n ^ ^ ° f ° Ur abilit y' Tb e
were criticised as a Government or in anv o P ™ 0nerS ofouri task *- whetherwe
Public generally have looked up to us five nl ° r n0t ’ the fact is that the
m India - e Persons much more than to anyone else
What do we see around us nnw? t ^
I do not refer to the difficult economic
186
Dr. Rajendra Prasad:
situation that we have to face. That of course is important and urgent enough.
But what distresses me even more is the cracking up, with gre^t rapidity, of the
noble structure that Bapu built. With all its failings, the Congress represented the
spirit and mind of India and I do not see anything else that can take its place
without disrupting the country and bringing chaos and suffering.
This Congress is simply fading away before our eyes. Even a fading might have
been tolerated, but something worse is happening. There is no discipline left, no
sense of common efforts, no cooperation, no attempt at constructive effort (apart
from a few), and our energies are concentrated in disruption and destruction.
I would not mind all this very much if . I knew that some other fairly competent
group could run the country for a while. It would do good to the Congress and to
us individually to be free of the turmoils and responsibility of office and to devote
ourselves to other kinds of work among the people. I am not afraid of losing the
election. But I just do not see any other group which can run the country with
even a moderate degree of success. The alternative to the Congress is thus
nowhere to be seen, or at any rate any effective alternative. If the Congress goes
out of the picture, the result is the growth of innumerable factions who fight each
other regardless of the country’s good. We shall then have separatisms in every
form, provincialism, communalism, apart from all kinds of splinter groups
sailing under the name of socialism and communism. In addition to this, we shall
have internal provincial conflicts which come in the way of every kind of effective
work.
We all see what is happening in West Bengal and in East Punjab. That seems to
me the precursor of what might happen in every part of India, with this difference
that there will be no effective central authority, whether Government or
Congress, to exercise any degree of control. Politically, economically and
socially we shall just go to pieces. No doubt, some time or other India will pull
herself together again. How long that process will take, no man knows and
meanwhile there will be terrible suffering for our people and reaction in its worst
form will triumph. That is not pretty to look at or think about.
Some of our older colleagues in the Congress have become more bitter than
even avowed enemies. I am told that some weeks ago a Sarvodaya conference
was held at Wardha and some of the speeches delivered there were bitter in the
extreme. A week or so ago a meeting was held in Calcutta in the Indian
Association room presumably to consider peasantry problems. J.C.
Kumarappa 1 presided and Prafulla Ghosh and others of his group were present.
Kumarappa and Prafulla Ghosh delivered fiery speeches not only against the
Central Government and the West Bengal Government but also calling upon the
peasantry to follow the scorched earth policy so as to prevent procurement of
grain, the objective being just to create more trouble for the governments and
bring them down. Do you remember what Bapu’s views were when a scorched
earth policy was suggested by the then Government against a possible Japanese
invasion? He was dead opposed to it even against an avowed enemy invading the
country; and now our own colleagues propose to start this campaign because of
187
Correspondence and Select Documents
their disgust with the present Governments. We can well imagine the
consequences of such a policy and the terrible suffering that this will bring to the
peasantry. And this policy is being recommended by a colleague of ours m the
Working Committee and others who are considered as noted disciples of Bapu.
Prominent Karnataka Congress leaders have resigned on a linguistic Province
issue. Here again, a colleague of ours in the Working Committee is involved.
In the United Provinces Purushottamdas Tandon, 2 who combines in himself
the Speakership as well as the Presidentship of the Provincial Congress
Committee, has started a new organisation of refugees to fight Government. He
has invited members of the Hindu Mahasabha and the R.S.S. to join it. The other
day he asked for a hartal in Lucknow. The local Congress asked the people not
to observe a hartal. Is not all this quite fantastic and Gilbertian? Where is the
Congress now? If a Government fails, it is a bad thing. But after all governments
can be made and remade. But if the Congress goes to pieces, what takes its place?
I just do not know what we are heading for. J
I have put all this picture before you and I could dilate upon it. But you know
the state of affairs . in the country better than I do. I come back to what my
individual duty is in the circumstances and what our corporate duty is — our
meaning five of us, you, Rajaji, Vallabhbhai, Maulana and myself. At least we
should try to meet this situation, functioning together. We are few of us and a
very great responsibility is cast upon us. I should have liked all five of us to meet
not once but several times to discuss this situation in all its aspects and to come to
some conclusion about it. Previously we used to do it in the Working Committee.
But somehow the Working Committee functions differently now and spends all
its time over some trivial detail or other. Major questions, even the most
important question for it of the Congress organisation, are hardly considered.
Even the constitution of the Working Committee at present does not help an
intimate discussion. Meanwhile the sands of time run out and we go merrily
forward to whatever catastrophe or disorder may lie in wait for us.
This afternoon Vallabhbhai, Maulana and I sat for some time discussing these
problems. Naturally we could not produce any magic solution or brilliant
suggestion. But if a problem is not tackled, it tries to solve itself in its own
peculiar way which may not be at all happy. So I suppose things are moving in
n la to some kind of a climax while people’s minds are engrossed in petty quarrels
and minor objectives.
The major question before us I think is the future of the Congress. We have to
e clear in our own minds about it and to throw all our weight in the direction
t at we consider right. We have allowed this drift to continue too long and
per aps it is already too late to do anything. Still we must do our best. That
involves not only the whole state of the Congress organisation (or
isorganisation) today but also the question of the next Congress President and
t e next Working Committee. These are important matters for much depends
upon them.
1 mentioned to you when you were here the probability of our having a
188
Dr. Rajendra Prasad:
planning committee or commission of a high order. I shall not repeat what I said
about it then. You told me that you did not feel that you could take charge of any
such commission. I accept your decision about it if you feel that way.
Then comes the question of the President of the Republic. Obviously this has
to be decided fairly soon. It is inconceivable that we should go to a contested
election on the very eve of the change-over. Even the timing is such that this
cannot be done in that way. But apart from the timing it would be an unseemly
sight for the country and for the Congress for two of our most eminent leaders to
contest against each other. That, we are agreed, cannot happen. If that is so, then
a clear decision must be arrived at long before the actual formal election, a
decision not only [in] our minds but something that can be made public to avoid
unseemly controversy and argument which would shatter the remaining edifice
of the Congress.' What then can we do? It is patent that there are only two persons
who might be chosen as President of the Republic — yourself and Rajaji. There is
no other. These two have all along belonged to that inner group of the Congress
consisting of just a very few. One of these two should, it seems to me, take the
initiative in declaring that he will not stand for the Presidentship. That is the only
way of avoiding a last-minute contest and ill effects on the public mind. Thus the
only course open is either for Rajaji to make such a declaration or for you to
make it.
Two days ago I happened to see Rajaji about another matter. He told me that
he felt very embarrassed. He himself was anxious to retire to his village and the
only consideration for him was whether his colleagues and his duty demanded
something else. In any event, he said that this matter must be decided in
consultation with his colleagues before many days were over. He would gladly
issue a statement about retiring himself, if his colleagues so desired. Thus an
element of urgency comes into this matter and indeed the time element itself
brings urgency. I should be very grateful if you could advise me in this matter. I
am writing to you after consulting Vallabhbhai and Maulana. Naturally I have
not told Rajaji about this. Nor indeed have I discussed the matter at all fully with
him. When he mentioned it, I merely said that I agreed with him that a decision
should be made fairly soon.
You and I and Vallabhbhai have had some talks about this. It is not necessary
to repeat them and to cover the same ground. I think, on the whole, we know each
other’s minds. The time has come for a decision and so I am taking the liberty of
writing this long letter to you.
Yours sincerely,
Jawaharlal Nehru
The Hon’ble Dr. Rajendra Prasad
Sevagram, Wardha, C.P.
'Convener of Congress Select Committee which issued a report on financial obligations between
Great Britain and India, July 1931; President, All-India Village Industries Association, 1934-54,
Chairman, Congress Agrarian Reforms Committee, 1948-49.
2 Speaker of U.P. Assembly, 1937-39; Member of Constituent Assembly; Congress President, 1950.
Correspondence and Select Documents
207. From Dr. P.V. Sukhatma
189
INDIAN SOCIETY OF AGRICULTURAL STATISTICS
‘P’ Block, Raisina Road
New Delhi
December 9, 1949
Dear Dr. Rajendra Prasad,
I have been greatly disappointed to hear from your Private Secretary that you
will not be able to attend the Third Annual Meeting of the Society at Poona. The
Council of the Society has asked me to approach you again with a request to make
it convenient to come to Poona at least on the opening day, namely, the 30th
December 1949. Knowing, however, that you will be preoccupied with a more
important Conference at Wardha during that period, I am reconciling myself to
the position of holding the Annual Meeting without you. I have, however, to
request you to kindly send us a message as the President of the Society, befitting
the occasion.
Yours sincerely,
P.V. Sukhatma
Hon’ble Dr. Rajendra Prasad.
208. To Sir B.N. Rau
Camp: Bajajwadi, Wardha
10 December 1949
My dear Sir B.N. Rau,
Mr. T.G.N. Ayyar is a member of the Indian Civil Service and has been acting
in the Judicial line for many years. In Bihar he has also acted as a Judge of the
Patna High Court. I am enclosing herewith particulars about him. Is there any
opening for a man of his standing and qualifications in the U.N, Secretariat or in
the Legal Commission attached to the U.N.O. or under you? If there be, he
should be considered. I shall be obliged if you look into this and let me know.
Yours sincerely,
Rajendra Prasad
Sir B.N. Rau
Constitutional Adviser to Govt, of India
Indian Embassy, Washington (U.S.A.).
Enclosure not included.
190
Dr. Rajendra Prasad:
209. To Vallabhbhai Patel
Bajajwadi, Wardha
12 December 1949
My dear Vallabhbhai,
I have received a long letter from Jawaharlalji.* It appears from the letter that
he has had some talk with you. I am enclosing copy of my reply. You might have seen
the letter to me. If not and if you desire I shall send you a copy. The substance of
the portion dealing with this question is that he has had a talk with Rajaji, who
feels embarrassed and wants an early decision. He is anxious to retire to his
village and the only consideration for him was whether his colleagues and his
duty demanded something else. He would gladly issue a statement about retiring
himself, if his colleagues so desired. Jawaharlalji wants my advice in the matter
and says that he has written the letter after consulting you and Maulana [Azad].
Yours affectionately,
Rajendra Prasad
The Hon’ble Vallabhbhai Patel.
♦See Jawaharlal’s letter to Dr. Rajendra Prasad, dated 8 December 1949.
Enclosure:
(Copy of Dr. Rajendra Prasad’s letter to Jawaharlal Nehru)
Bajajwadi, Wardha
12 December 1949
My dear Jawaharlalji,
I received your letter dated 8-12-49 only last night. I agree with you regarding
the analysis of the situation as it exists today. It is really tragic that we should
have to see the great institution which has been built up with the devoted service
and sacrifice of so many of the best men and women of the country disintegrating
before our eyes, and that so soon after the passing away of Bapu. But this
disintegration also shows how skin-deep our attachment to the principles which
we have mouthed so loudly and our loyalty to Bapu whose name we arc never
tired of invoking have been. It may be worthwhile going into the causes which
have brought about this unfortunate pass and I may do so if you may permit me
later in another letter. For the moment let me confine myself to the question of
the presidentship of the Republic and the Presidentship of the Congress.
I agree that a decision regarding the Presidentship of the Republic should be
taken without any further delay and if I can in any way help I am perfectly willing
191
Correspondence and Select Documents
and prepared to render such help as I can. It is in this spirit that I am writing this.
No one can say — certainly 1 cannot say — that my election as President of the
Congress or of the Republic will help in arresting the disintegration that we all
deplore. For some reason or other— justified or wholly wrong— there is a
considerable opinion among the members of the Assembly who insist on my
accepting the Presidentship of the Republic. From what I have gathered from the
talk with the various persons who have come and seen me in this connection, it
appears my not accepting the offer will be looked upon by them as a betrayal .
They have used that expression and told me that I should not ‘betray’ them or ‘let
them down’. I have on every such occasion protested that there is no question of
betrayal or letting down as I have never put myself forward as a candidate or
sought their assistance but they say that they would look upon it as a betrayal of
the country. I am not concerned with the right or wrong of the position. I am only
expressing what has been communicated to me as their feeling. This has been
confirmed by letters which I have received from persons unconnected with the
Assembly or its politics. The inference that I draw from this is that the election of
Rajaji will not be smooth even if I were to withdraw and propose his name.
Further, it may still further complicate the position and accelerate the
disintegration which may affect even the centre which has unfortunately so far
been comparatively speaking immune. While all this is to be said on one side I
must not conceal from you my feeling that I find myself in a most difficult
situation. I have genuine regard for Rajaji and my relations with him have always
been of the sweetest and I cannot suppress the feeling that I may be
misunderstood and regarded as putting forward excuses for not withdrawing, as
if I really am anxious to get the high honour. All that I can say is that I have
searched my heart as best as I can to see if there is a lurking desire somewhere and
I can say today honestly to you that there is none. On the other hand I feel that
any action which I take today which is not in consonance with the will of the
Assembly will be regarded by many of its members as having been dictated by
you and Sardar and all my protestations to the contrary will be disregarded, and
this feeling, as I have said above, is likely to further complicate the position in the
centre. But all this is my view and may all be wrong. You and Sardar are in a
better position to judge and also to ascertain whether my reading of the temper of
the Assembly is correct. I shall be happy if it is found to be incorrect. I leave the
matter there and wish you, Sardar and Maulana Sahib to meet and decide as you
think best. I can only assure you that I shall not misunderstand any decision that
you take and will loyally work as I have ever done in the past.
Yours sincerely,
Rajendra Prasad
The £1001)16 Pandit Jawaharlal Nehru
Prime Minister, India
New Delhi.
192
Dr. Rajendra Prasad:
210. To H. V.R. Iengar
Camp: Bajajwadi, Wardha
December 15, 1949
My dear Iengar,
I have been thinking of giving some sort of an ‘At Home’ or ‘Tea Party’ to the
members of the Assembly and others. Now that the constitution-making work of
the Constituent Assembly is approaching its end, I think it should be arranged
for the 24th or 25 th of January. As I shall not be back to Delhi till about the first
week of January, I shall be obliged if you could arrange to have invitations issued
and other things fixed up for the purpose. The points which require to be fixed up
are:
(1) who are the people to be invited;
(2) where we should have the party;
(3) the exact time.
I think apart from the members of the Assembly both old and those who maybe
elected to fill the vacancies who may happen to be in Delhi on that date, maybe
invited. We should invite also the other people who are generally invited to such
parties. I do not know who they are. Probably there is some list there including
officials and non-officials. There is also a large ambassadorial group. I have no
idea what the number will be if all these are invited.
As regards the place the yard of the Council House is a nice place; but if the
number is large, it may prove too small. The compound at 1 Queen Victoria
Road has been ploughed up and in front part of it there is a potato crop and in
rear part of it there is a wheat crop growing. Perhaps there is some place along the
sides. I do not know if that will be sufficient or nice. So you will kindly consider
this and fix up a more suitable place.
As regards time, I think in the cold season 4 o’clock will not be too early. Any
later time will perhaps be too late. As we shall not have much work on the 24th in
the Assembly itself, perhaps that might suit or if 25th is preferred, there will be
practically no work on that day and it might be a little earlier.
Considering all this, you will please put somebody in our Secretariat in charge
of this business and have the thing done nicely. I shall be back in thefirst wcekof
January' and if there arc some other things to be settled, that can be easily done on
my return.
Yours sincerely,
Rajendra Prasad
Shri H.V.R. Iengar
Secretary, Constituent Assembly of India
Council House, New* Delhi.
Correspondence and Select Documents
211. From Y.K. Puri
DEPUTY HIGH COMMISSIONER FOR INDIA IN PAKISTAN
No. R. l/JMR/12196
144 Upper Mall
Lahore
15th December 1949
My dear Doctor Saheb,
Kindly refer to your letter dated the 21st October 1949, regarding evacuation
of the family members and relatives of a female sweeper named Sunti. The West
Punjab Government have since long stopped facilities of escort and transport to
non-Muslims still desiring to evacuate from West Punjab. The question of
evacuation of the persons in question has, therefore, been taken up with the Chief
Secretary of the West Punjab Government as a special case. I shall let you know
of the result in due course.
Yours sincerely,
Y.K. Puri
Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
1 Queen Victoria Raod, New Delhi.
212. To Jairamdas Doulatram
Camp: Bajajwadi, Wardha
December 17, 1949
My dear Jairamdas,
I am enclosing copies of letters I have addressed to Shri Gupta and Shri
Panjabi for certain figures. I hope you would not mind my addressing them these
letters and will permit them to let me have the figures as soon as possible.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Jairamdas Doulatram
Minister for Food & Agriculture
Government of India
New Delhi.
194
Dr. Rajendra Prasad:
Enclosure 1:
(Copy of letter to R.L. Gupta)
Camp: Bajajwadi, Wardha
December 17, 1949
My dear Gupta,
I want certain figures about food import and related things and I shall be
obliged if you could kindly provide me these. I am presiding over a Conference
on the 1st of January next and I want to prepare a speech where I want to use
these figures, if necessary. Formerly there used to be a statement presented to the
Assembly at the beginning of every session giving all important information
regarding the food situation including imports and other things. If such a
statement is presented even now, probably that will contain all the relevant
information that I want, but, in any case, I want figures of imports — country by
country and particular grain by grain — for the last four or five years. It will be
sufficient if I could get them before your office closes for Christmas. I am writing
to the Minister also to permit you to give me the figures.
Yours sincerely,
Rajendra Prasad
Shri R.L. Gupta, I.C.S.
Secretary, Ministry of Food
Government of India
New Delhi.
Enclosure 2:
(Copy of letter to. K.L. Panjabi)
Camp: Bajajwadi, Wardha
December 17, 1949
My dear Panjabi,
I want certain figures about lands under cultivation under various crops
during the last, say, 3 years, in the country as it is now. I suppose these figures
must be available easily in your office. I also want to know additional lands
which have been brought under cultivation. I heard on the radio that there were
certain questions in the Assembly and answers were given. These figures will do
for me. But if it is not too much, you might give the figures relating to each
particular crop. I want these figures for use in connection with my address which
195
Correspondence and Select Documents
I have to deliver at a Conference which is meeting
writing to the Hon’ble the Minister- to permit you
on the 1st of January. 1 am
to let me have these figures.
Yours sincerely,
Rajendra Prasad
Shri K.L. Panjabi, l.C.S.
Secretary, Ministry of Agriculture
Government of India
New Delhi.
213. From Vallabhbhai Patel
Camp: Pilani
18 December 1949
My dear Rajenbabu,
Thank you for your letter of 12 December 1949.
You know Jawaharlal’s views. You can guess what Maulana feels. In other
words, you have placed the burden — and a heavy burden at that — on me. I really
do not know what to do. Jawaharlal tells me that he will discuss it with me on my
return.
With kind regards,
Yours sincerely,
Vallabhbhai Patel
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly
Bajajwadi, Wardha.
214. To Rafi Ahmed Kidwai
Camp: Bajajwadi, Wardha
December 18, 1949
My dear Mr. Kidwai,
The Hindustani Shorthand and Hindi Typewriter Standardisation Committee
which had been appointed by me for reporting among other things on the
telegraphic code in Devanagari script had submitted a scheme of the telegraphic
code. It had been forwarded for approval and consideration of the Government
of India. I am enclosing with this letter a copy of the telegraphic code which had
196
Dr. Rajendra Prasad:
been suggested by the Committee. I hope it would be examined properly so that it
may be possible to introduce this in the Telegraph Department.
Yours sincerely,
Rajendra Prasad
The Hon’ble Shri Rafi Ahmed Kidwai
Minister for Communications
Government of India
New Delhi.
Enclosure not included.
215. To Dr. Syama Prasad Mookerjee
Camp: Bajajwadi, Wardha
December 18, 1949
My dear Dr. Syama Prasad Mookeijee,
I understand that your Ministry has taken steps to secure a patent of the
keyboard that has been recommended by the Hindustani Shorthand and Hindi
Typewriter Standardisation Committee whose report I had forwarded to you
with a request for taking a patent. After the Committee’s report had been sent
Shri Ajit Singh of Patna brought to me a typewriter which has some new parts and
could give 108 characters on 42 keys. The Chairman of the said Committee has
examined the typewriter and is of the opinion that it has considerable
potentialities. I understand further that existing typewriters can befitted with the
parts which Shri Ajit Singh has devised. Shri Ajit Singh is willing to accept any
scheme of the keyboard recommended by the said Committee. While your
Ministry can proceed with the securing of a patent of the keyboard recommended
by the Committee, it appears to be desirable that it may also examine t he,
typewriter suggested by Shri Ajit Singh andif the same is found satisfactory from
the mechanical point of view, to get some arrangement made to accept the device
of Shri Ajit Singh for the Standard Typewriter recommended by the Committee,
as it is possible to reduce the number of keys.
Yours sincerely,
Rajendra Prasad
The Hon’ble Dr. Syama Prasad Mookeijee
Minister for Industry & Supply
New Delhi.
Correspondence and Select Documents
216. From Jairamdas Doulatram
197
No. C. 9267/49/PAM
1 York Place
New Delhi
20th December 1949
My dear Rajendra Prasadji,
Thanks for your letter of December 17. Certainly you can have all the
information you require for the Conference on 1st January 1950. 1 am asking Shri
Gupta and Shri Panjabi to give you the information required. 1 believe you know
as well as anybody else that the agricultural data we receive from the Provinces is
not always very reliable.
Yours sincerely,
Jairamdas Doulatram
Minister for Agriculture
The Hon Trie Dr. Rajendra Prasad
President, Constituent Assembly, India
Camp: Bajajwadi, Wardha.
217. From Ajit Singh
Fraser Road
Patna
22nd December 1949
Respected Rajendra Babu,
I am submitting herewith a copy of the letter received from Professor
Balkrishna, Under Secretary, Constituent Assembly of India, New Delhi,
earing on my Hindi Typewriter for your kind perusal. I claim that my invention
is ar ahead of any existing models in mechanical soundness, speed, and ease of
operation. Speed obtained on my Hindi typewriter will be equivalent to the speed
possib e on a Roman script typewriter. Eminent linguists like Dr. Suniti Kumar
atterji, Dr. Raghuvira and many other eminent scholars, scientists and
engineers have upheld this view. I will be offering on 26th January 1950 two
prototype machines after my device, made by a reputed European firm, for your
consideration and test. As the relation of the keyboard and typewriter has a
revolutionary impact on our cultural nationalism I pray you should postpone
your decision till my machines arrive. I may add that the perfecting of this
198
Dr. Rajendra Prasad:
invention has involved a tremendous amount of labour and sacrifice.
Yours respectfully,
Ajit Singh
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Enclosure:
(Copy of letter from Balkrishna to Ajit Singh)
CONSTITUENT ASSEMBLY OF INDIA
Council House
New Delhi
The 15th November 1949
Dear Mr. Ajit Singh,
With reference to your letter dated 30th October, addressed to Hon’ble the
President, I am desired io inform you that the matter is now in the hands of the
Government of India and as such this Secretariat cannot take any steps either
with regard to the testing of your machine or for securing any facilities for you
from the Telegraph Department for making your experiments on Devanagari
teleprinter.
Yours faithfully,
Balkrishna
Under Secretary
Mr. Ajit Singh
House No. 1818, Near Kalimasjid, Bazar Sitaram
Delhi.
218. From Rafi Ahmed Kidwai
New Delhi
December 22, 1949
My dear Rajendra Babu,
This-is to acknowledge receipt of your letter No. CA / 103/HSHT/49 dated
Correspondence and Select Documents
199
December 18, 1949. As you are no doubt aware the Department has evolved a
telegraphic code and messages are being successfully transmitted in this code for
the last few months. If it is found that the scheme suggested is an improvement on
the code adopted, I have no doubt it will be accepted. Technical officers will
examine the proposal and I will let you know the results.
Yours sincerely,
Rafi Ahmed Kidwai
Minister for Communications
The Hon’ble Dr. Rajendra Prasad
President, Constituent Assembly of India
New Delhi.
219. From P.B. Chandwani
2 Raja Bazar Square
New Delhi
24th December 1949
Dear Sir,
I am for the first time constrained to trouble you with a request. Over a year
and a half ago you were good enough to permit me to send you a draft letter for
Shri Gadgil requesting him to allot a house to me. As you left Delhi soon after on
grounds of health, I continued staying with my elder brother at grave personal
inconvenience to both him and me. The position has been aggravated as a result
of his being shifted to a smaller house which too he is in danger of being asked to
quit on the termination of his contract as Administrative Officer, Delhi Electric
Company, after a month or so.
1 have, as you know, been engaged in public work of national importance for
two and a half years. That I have been working in an honorary capacity should
not, I submit, place me at a disadvantage as compared with Government
servants or paid staff employed in the Central Relief Committee or elsewhere. In
, response to your call, I worked so hard for the Gandhi National Memorial Fund,
but the result has been that I have been debarred from the allotment of a house at
other places as such privilege is reserved for refugees registered in the Province
concerned before a certain date while Delhi too has not been able to provide me
with a shelter. I am, therefore, approaching you as Chairman of the Gandhi
Smarak Nidhi for redress and if you feel that the request is reasonable, I hope you
will be good enough to write strongly both to Shri Gadgil and Shri Mohanlal
Saksena. Even a 3-room clerical quarter in New Delhi or, failing that, in Rajendra
200
Dr. Rajendra Prasad:
Nagar (Pusa Road) may do for us.
With respects, and wishing you best of health,
Yours sincerely,
P.B. Chandwani
Dr. Rajendra Prasadji
1 Queen Victoria Road
New Delhi.
220. To Abul Kalam Azad
Camp: Bajajwadi, Wardha
December 24, 1949
My dear Maulana Sahib,
I spoke to you about Mr. Cherian Thomas who is an Indian Christian
belonging to Malabar. He has been working in the All India Congress
Committee office for the last 3 years or so. He is a man with capacity for
organisation and is much interested in social welfare activities. He is a
candidate for the United Nations Organisation Social Welfare Fellowship for
1950, which has been offered through the Ministry of Education. He will be a
suitable person and will prove of great service to the country, if he gets this
further training.
This is just to request you to consider his case when it comes before you.
Yours sincerely,
Rajendra Prasad
The Hon’ble Maulana Abul Kalam Azad
Minister for Education
Government of India
New Delhi.
221. To P.N. Thapar
1 Queen Victoria Road
New Delhi
24/26 December 1949
Dear Mr. Thapar,
As you know, the Faridabad Development Board decided sometime ago that
the Board should create its own organisation at Faridabad consisting of
engineers and other staff and that this organisation should as soon as practi-
cable be separated from the East Punjab P.W.D. We are grateful to the East Punjab
Government for their cooperation in organising a machinery under the Board
Correspondence and Select Documents
201
and also for allowing the Board to utilise the part-time services of their Chief
Engineer, Shri P.L. Varma. It has, however, not yet been possible to separate the
Board’s organisation from the East Punjab P.W.D. This is causing difficulties.
Now that the Board’s activities have taken a definite shape and have assumed
considerable proportions, it has become very necessary to separate the
organisation at Faridabad and treat the officers as the Board’s own employees
and to make arrangements for paying their salaries. I, therefore, write to request
you that the services of the officers of the East Punjab P.W.D. posted at
Faridabad may kindly be transferred to the Board with effect from the 1st
January 1950. As regards the arrangements with regard to Mr. Varma, the Board
has now decided to appoint a whole-time Administrator and I shall be glad if Mr.
Varma would continue until this officer is appointed.
Some consequent arrangements regarding the drawing and disbursing of
moneys are also necessary. We are arranging with the Auditor-General of India
that the Board’s accounts, together- with the accounts of expenditure on the
Faridabad Camp which is now under the Board, will be controlled by the
Accountant-General, East Punjab. Moneys spent on the Camp will also pass
through the East Punjab Government in the same way as funds have been made
available for the township construction. The control of all expenditure will be
centralised in the hands of the Accountant-General, East Punjab. It is, however,
very necessary to devise some simple method of drawing funds for the Board’s
expenditure. At its last meeting on the 12th December 1949, the Board decided
that a personal account should be opened in the name of the Chairman with the
Imperial Bank of India, New Delhi, and credit should be made available to this
account by the East Punjab Government so that funds may be drawn by the
officers of the Board under the authority of the Chairman and expenditure may
be incurred with the advice of the Financial Adviser. I shall be glad if you would
kindly make credit available in the account of the Chairman of the Faridabad
Development Board with the Imperial Bank of India, New Delhi, to the extent of
Rs.10 lakhs, in the first instance, by arrangement with the Accountant-General,
East Punjab. This may please be done at an early date so that work at Faridabad
may not suffer.
As soon as the Board’s organisation is separated from the East Punjab P.W.D.
it will be necessary to make certain specific arrangements with various
departments of the East Punjab Government for their cooperation with the
Board’s work at Faridabad. The departments mainly concerned are:
1. Public Works Department;
2. Electricity Department;
3. Public Health Department; and
4. Land Acquisition Department.
1 shall be glad if you would kindly arrange with the heads of these departments
that all necessary assistance may be given by them to our Administrator
202
Dr. Rajendra Prasad:
in connection with the different branches of work at Faridabad. The Board’s
officers will treat your office as a normal channel of communication to all
departments of the East. Punjab Government.
Y ours sincerely,
Rajendra Prasad
Shri P.N. Thapar, I.C.S.
Financial Commissioner, Rehabilitation
East Punjab, Simla.
222. To Dr. Syama Prasad Mookerjee
Camp: Bajajwadi
Wardha
The 26th December 1949
My dear Dr. Syama Prasad,
Please excuse the delay in writing to you in reply to your letter No. 123(59)-
Tax. 1/48 dated the 26th November 1949, asking for my opinion and suggestions
regarding the proposed ‘Khaddar’ (Protection of Name) Bill, 1949. 1 could not
write to you earlier as I considered it desirable to have a talk with the prominent
members of the All-India Spinners’ Association. I have since had a talk with
them. Their feeling is that the Khaddar industry, besides beinga cpttage industry
capable of widest application in the villages', aims at creating self-sufficiency in
the country and has already been recognised as a very potent medium of
education. The All-India Spinners’ Association have maintained these ideals of
industry and have been keeping a strict watch and vigilance over profiteering in
Khaddar business. They feel that if the authority to issue licences is given to
persons who are not fully conversant with the technique of Khaddar-making,
there is a chance of the authority being abused. I am told that a similar
enactment in the Madras Presidency has been misapplied and dealersin Khaddar
have been licensed in the Andhra part of the Presidency without proper scrutiny
and safeguards against profiteering. They would, therefore, suggest that the All-
India Spinners’ Association should be given the authority to license genuine
Khaddar producers and dealers. But apart from this suggestion which 1 do not
know if it will be proper for the Government to accept, the all-India Bill as also
Correspondence and Select Documents
the Bill for the Provinces are quite satisfactory.
Yours sincerely,
Rajendra Prasad
The HonTde Dr. Syama Prasad Mookerjee
Minister for I. & S.
Government of India
New Delhi.
223. From Lai C. Verman
INDIAN STANDARDS INSTITUTION
Our Ref: ENG 2(8)
Old Secretariat
Delhi-2
5 January 1950
Subject: Introduction of Metric System of Weights and Measures.
Dear Sir,
From a report in The Hindu of 3rd January 1950, it is most gratifyingfor us to
note that you have expressed yourself in favour of the introduction of metric
system of weights and measures in the country.
2. On behalf of the ISI, please allow me to express our appreciation of your
kind support to the efforts which the 1S1 is at present engaged in towards
rationalisation and unification of the diverse systems of weights and measures in
the country through the introduction of metric system.
3. In view of your interest in the subject, we hope that you will find time in
going through the Report of the ISI on the subject a copy of which 1 am sending
you herewith. This report has been sent to the Government of India through the
Ministry of Industry' and Supply and contains the recommendations of the
Institution which have been formulated after a thorough investigation and
determination of the general consensus of opinion in the country.
4. I shall be highly grateful if you will kindly give me an opportunity to discuss
Dr. Rajendra Prasad:
with you the various measures which the ISI has suggested for the Government of
India to undertake.
Yours faithfully,
Lai C. Verman
Director
The Honourable Dr. Rajendra Prasad
President, Constituent Assembly of India
Council House
New Delhi.
Enclosure not included.
224. From Anand Mangal Misra
UNIVERSITY OF SAUGAR
44 Cantt., Saugar, C.P.
7th January 1950
Revered Sir,
The Third Annual Convocation of the University will be held on Monday the
16th January 1950 at 3.30 p.m. So you can start, Sir, for Saugar, from Delhi on
the 15th night by Bombay Express. This Express will reach Lalitpur at about 8
a.m. on the 16th. One of us will receive you, Sir, at Lalitpur Station and from
there we can motor to Saugar.
Your Convocation Address etc. will be over by the 16th evening. The
President, District Congress Committee, and the public desire that a public
meeting should be addressed by you. So if you kindly agree to this, a meeting will
be arranged at 6.30 p.m. or so according to your convenience.
I am anxious to see that only pure milk and milk products of cow only are
served to you, Sir, during your stay here. From health point of view 1 insist that
you should be kind enough to agree to take tea, lunch, dinner, etc., at my
bungalow during your whole stay here. The HonTde Pandit R.S. Shukla has
approved this and I trust you will kindly agree to my request.
A tentative itinerary is enclosed for such modifications as may be desired.
205
Correspondence and Select Documents
Eagerly awaiting to hear early from you, Sir, and with profound regards and
respects, ,, . ,
Yours sincerely,
Anand Mangal Misra
Treasurer
The Hon’ble Dr. Rajendra Prasad, M.A., ML., LL.D.
President, Constituent Assembly
Camp: Gandhi Ashram, Wardha.
Copy to the Hon’ble Pandit Ravi Shanker Shukla, Prime Minister, C.P. and Berar,
and Chancellor, University of Saugar.
Enclosure not included.
' . 1 ’
225. From Dr. Bisheshwar Prasad
INDIAN HISTORY CONGRESS
Simla
11th January 1950
Dear Doctor Sahib,
As desired by you, I met Professor Nilakanta Sastri on the afternoon of 6th
January in Delhi. He must have met you after my talk with him and would have
indicated to you the substance of it. Igatherfrom his talk that he will be prepared
to undertake the work of seeing the volumes of the History of India through the
press and securing contributions from the various scholars. He feels, however,
that it would not be practicable for him to move from Madras where he thinks he
will have better facilities of doing this work. He told me that he would have
library facilities at his command and that being in his own home he would not be
uprooted from his surroundings which would make his work easy there. He also
told me that in case he was allowed to carry on this work in Madras, he would
have the office in his own house for which he would charge no rent. As regards his
emoluments, he mentioned that in case he was to work in Madras he would like
to be paid at least Rs.7S0 per mensem but he would prefer to have Rs. 1 ,000 if we
could afford to pay him so much. For the present he would have only one
stenotypist to help him. He further suggested that in case he was asked to come to
Delhi he could not afford to accept a sum lower than Rs.2,000 a month. He also
suggested that he had some offers from elsewhere and that you should take an
early decision in the matter. In case he is to be engaged then the decision should
206
Dr. Rajendra Prasad:
be arrived at within a fortnight or so, so that he may, in case you are not able to
make use of his services, be able to avail of the other offers.
Though I feel that an office in Delhi would have facilitated the work, yet I
appreciate the strength of the arguments of Professor Nilakanta Sastri. In case
we have to make use of his services for this work we will have to let him do the
work in Madras. Now that a few volumes would soon be ready, we may have to
avail of his services in order to see them through the press and to secure
uniformity in their production and final get-up. Dr. Tara Chand will soon be
back in Delhi. I hope you will kindly discuss this matter with him and decide
about it.
Perhaps I mentioned to youthatwe haveatpresentasumofRs.1,75,000 in the
bank. Of course that will not suffice for the completion of the scheme, but if the
work has to be done efficiently, I feel that we should not grudge to set apart a sum
of about Rs.50,000 for the kind of work which Professor Nilakanta Sastri might
be expected to do. If we have to make use of his services, we will have to spend
some Rs. 12,000 to 15,000 a year which, within three years, would amount to
about Rs.50,000.
There is likely to be some objection in certain quarters to his appointment, but
I feel that the opposition would be largely based on some misunderstanding. It
should be made clear that Professor Sastri would not act as a Super or Chief
Editor. His main task would be to see the volumes through the press and to
undertake all those technical jobs which are incidental to the production of a
scheme of this nature. The resolution which was adopted at the Committee
meeting on 5th January has defined his position and should not cause any
misgivings in the minds of others. I hope you will kindly consider all these
matters and after discussing it with Dr. Tara Chand, let me have your final
decision so that I could take steps in the matter.
I have written today to Sir Jadunath Sarkar and shall communicate to you his
decision when I receive his reply.
I am also taking other steps to expedite the production of these volumes. I
hope that with your blessings and with the earnest efforts of every one of us, this
scheme would soon materialise. The chief hurdle had been the presence of two
schemes and now that we have accepted their amalgamation, I hope that work
will now proceed fast enough.
With respects,
Yours obediently,
Bisheshwar Prasad
General Secretary
The Hon’ble Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents /
226. To Dr. Tara Chand
1 Queen Victoria Road
New Delhi
January 11, 1950
My dear Dr. Tara Chand,
You will recollect that sometime last year I had recommended to you the case
of Shri Parmatma Prakash Gupta who was a candidate for the U.N.O. fellowship.
You wrote to me saying that the selections were made before you could receive
my letter and you would consider him next time.
I understand that he has again applied this year and this is just to remind you
for him. He is an energetic young man and given the chance he is sure to prove
useful to the cause.
Yours sincerely,
-Rajendra Prasad
Dr. Tara Chand
22 Aurangzeb Road
New Delhi.
227. From Dr. Sachchidananda Sinha
Sinha Library Road
G.P.O. Box No. 62
Patna
The 13th January 1950
My deaf Rajendra,
I have just received the text of my article, with your very kindly carried out
corrections, which I have all duly embodied, except one. The one exception is
that— I think your memory is at fault, and not mine, or perhaps we are both
erring— and that is about the election: when I was a candidate as Vice-Chancellor
of the University, and the Congress Ministry came into power, for the first time, I
don’t think it was in 1926, but in 1936-37. I have, accordingly, made it 1936-37.
Anyway, it is a mere trifle. As regards the amount raised by the Earthquake
Fund, I have made it (after verifying the matter, so far as I can) into over thirty-
eight lakhs. I think, it is quite alright now, so far as the facts are concerned.
I shall write to you a letter after the 1 6th, when you will have returned to Delhi.
With my blessings and good wishes, I remain,
Ever yours affectionately,
S. Sinha
208
Dr. Rajendra Prasad :
228. From Dr. Bisheshwar Prasad
INDIAN HISTORY CONGRESS
Ref: 1342/ Ihc.
Simla
20th January 1950
My dear Doctor Sahib,
As desired by you and the Committee I had written to Sir Jadunath Sarkar
requesting him to accept the presidentship of the Editorial Board. I have received
a letter in reply to my request which I am enclosing herewith. He is averse to any
scheme of cooperative effort and in view of his remarks it seems we will have to
elect someone else as the President of the Editorial Board. Personally I would
like that Dr. Tara Chand should be requested to become its President.
Yours obediently,
Bisheshwar Prasad
General Secretary
Dr. Rajendra Prasad
1 Queen Victoria Road
New Delhi.
Enclosure:
(Copy of a letter from Sir Jadunath Sarkar to Dr. Bisheshwar Prasad)
10 Lake Terrace
Calcutta-29
17th January 1950
Dear Sir,
Your letter No. 1339, dated 1 1 January 1950. 1 am not prepared to accept the
Presidentship of the Editorial Board, or a seat on it, as I still hold the view that
such an undertaking as a worthy History of India can be carried to completion
only by following the policy adopted by the Cambridge University in respect of its
Cambridge History of India , and not by a debating club.
Three chapters on the reign of Akbar which reached my hands some years ago
for the Benares volume, will be soon sent to you for consideration by your Board
or return to the respective writers.
Yours faithfully,
Jadunath Sarkar
Correspondence and Select Documents
229. To Kala Venkata Rao
209
1 Queen Victoria Road
New Delhi
21st January 1950
My dear Shri Kala Venkata Rao,
I am enclosing herewith five copies of my award in the Dalmianagar
arbitration.* The copies have been revised and signed. One copy may be retained
for purposes of record in the office, a second copy may be sent to the Rohtas
Industries Limited, two copies to the two Unions and a fifth copy to the
Government of Bihar. I shall be obliged if you could get a copy made and sent to
me for future reference if any occasion arises.
Yours sincerely,
Rajendra Prasad
Shri Kala Venkata Rao
General Secretary, A.I.C.C.
7 Jantar Mantar Road
New Delhi.
♦See enclosure to Kala Venkata Rao’s letter to Dr. Rajendra Prasad, dated 24 January 1950, for the
Award.
230. From Kala Venkata Rao
ALL INDIA CONGRESS COMMITTEE
Ref: PB.4(i)/2210
7 Jantar Mantar Road
New Delhi
_ 24 January 1950
Revered Rajen Babu,
As per your kind letter dated 21.1.50 I am sending your Award in the
Dalmianagar Labour Dispute to all the concerned parties. I am also sending
herewith a copy of the award for. your file as desired by you.
With regards,
Yours reverently,
Kala Venkata Rao
General Secretary
HonTile Dr. Rajendra-Prasad
1 Queen Victoria Road
New Delhi.
210
Dr. Rajendra Prasad:
Enclosure:
(A copy of Dr. Rajendra Prasad’s Award in the Dalmianagar arbitration)
This reference to my arbitration arises out of a dispute between the
management of the Rohtas Industries Limited and the two Labour Unions
which have been functioning there. There was a prolonged strike in December
1948 and January 1949 in the course of which a number of employees were
dismissed. After the strike had been called off an effort was made to get them
reinstated but it failed. Thereupon Shri Baswan Singh, the President of the
Rothas Industries Mazdoor Sangh, went on hunger-strike on the 8th March
1949 which he gave up on the 30th day when it was arranged that the matter
would be referred to my arbitration. The terms of reference have not been laid
down with any precision and I take it that I have to take a comprehensive view of
the whole situation and give my award mainly on the question of reinstatement of
the dismissed hands. There is a demand on behalf of the Company that they have
suffered a great loss and that that matter should also be investigated. But I have
not gone into that matter as the Government representative had no instruction
on that point and I also felt that I was not called upon to do it.
It is necessary to give a short account of the position at Dalmianagar. The
Rohtas Industries comprise a number of factories among which the sugar factory
may be mentioned in particular. That factory was declared by a Government
notification dated the 3rd November 1948 to be a public utility service under the
Industrial Disputes Act for a period of six months with effect from the 1st of
November. It is stated that the sugar factory has been so treated in previous years
also.
There are two Unions at Dalmianagar, one known as the Rohtas Industries
Mazdoor Sangh, hereinafter called the Socialist Union, was established in 1937.
It claims that till the time when the dispute arose, it represented nearly 95% of the
workers. The other Union is known as Dalmianagar Mazdoor Seva Sangh,
hereinafter called as the INTUC Union, which was established on 15-5-48 and it
is said that it gradually began to gain strength. It applied to the Company for
recognition. Shri Hariharnath Sastri visited Dalmianagar on 5-10-48 and there
was some trouble between the workers of the two Unions. The Revenue Minister
of Bihar visited Dalmianagar on 3-1 1-48 and addressed a meeting in which there
was some disturbance and some persons were arrested in connection therewith.
Thereafter, that is, on 10-1 1-48, the Company recognised the INTUC Union also.
It did not withdraw recognition from the Socialist Union. On the 1 9th November
the Socialist Union served a notice on the management which opened with the
sentence that “the Company has made an improper and cruel attack on the old
and sole legal organisation of the workers, namely, the Rohtas Industries
Mazdoor Sangh, by recognising the local branch of the Indian National Trade
Union Congress which is not a representative organisation of the workers of
Dalmianagar”. The notice proceeded to state that this had been done with a view
212
Dr. Rajendra Prasad:
agreeable to withdraw the demand relating to the cancellation of the recognition
of the INTUC Union. Conciliation therefore failed and the Conciliation Officer
made a report to that effect to the Government on the 1st December.requesting
the Government to refer the dispute to an Industrial Tribunal for adjudication.
He recommended immediate action as the strike was to commence on 3-12-48.
On the 2nd December the Government referred the dispute as between the two
Unions and the Rohtas Industries Limited to an Industrial Tribunal of which
Mr. Jeejeebhoy was to be the sole member under sections 7 and 10 (1) of the
Industrial Dispute Act, 1947. The items mentioned in the demands of the
Socialist Union and the INTUC Union were all mentioned in Annexure A except
the first demand of the Socialist Union regarding the withdrawal of recognition
from the INTUC Union. There was the last item in the Annexure, namely, item
No. 17 which mentioned any other matter which the Tribunal may consider
necessary after hearing both the parties. The notification further said that in
exercise of the power conferred by sub-section 3 of section 10 the Governor of
Bihar prohibited the continuance of strikes which may be in existence on the day.
This was published in the Bihar Gazette and otherwise notified by beat of drum at
Dalmianagar. At the foot of the notification there is a memo which has four
paragraphs. The first paragraph mentions the various persons to whom copy of
the notification was forwarded. The second paragraph was as follows: “Although
the Government did not consider it necessary to take the question of withdrawal
of recognition to the INTUC Union, it is open to the Secretary, Dalmianagar
Mazdoor Seva Sangh, to take this issue or any other issue before the
Adjudicator.” The thrid paragraph contained a request to Mr. Jeejeebhoy to
send his award as soon as possible. The fourth paragraph requested the Hindi
and Urdu Translator to translate the English version of the notification and send
it to the Government Printing Press for publication. On the 3rd December this
notification was given publicity and on the 4th December the general strike
started and the Watch and Ward strike continued. On the 11th December
representatives of the Company as well as both the Unions appeared before Mr.
Jeejeebhoy but the Socialist Union declined to participate in the proceedings
until the recognition, to the other Union was withdrawn. In his report dated 6th
May 1949 which he submitted later Mr. Jeejeebhoy says that he felt precluded
from considering the first issue regarding the recognition of the INTUC Union
unless its Secretary decided to bring it before the Tribunal and when the Socialist
Union withdrew, he left it open to them to participate in the proceedings before
him at any time they chose to do so. He says he tried to persuade the Socialist
Union to call off the strike but was told that until the recognition of the INTUC
Union was withdrawn the basis of the strike would continue. He doubted
whether the question of the recognition of the Union was an “industrial dispute”.
His report says: “R.M.S.S. (Socialist) Union agreed that there was nothing to
prevent the existence of the two Unions but maintained that before the Union
could be recognised, it should be shown to be the representative of the workmen;
in reply to my question as to what would satisfy the test of a representative
213
Correspondence and Select Documents
character, I was told that if the Union had the support of 20% of the workmen of
the concern, it could be said tcube representative. 1 thereupon asked D.M.S.S
(1NTUC) Union whether they were prepared that I should apply that test with a
view to ending the unfortunate dispute. The D.M.S.S. (1NTUC) Union promptly
agreed; and I was about to make an agreed order when the R.M.S.S. (Socialist)
Union sought to impose as a condition precedent to such test that the recognition
which had been accorded to the D.M.S.S. (INTUC) Union should first be
withdrawn by the management. This condition was not acceptable to the
D.M.S.S. Union or to the employers and 1 expressed the view at that time that it
was a condition which could not be reasonably imposed. The R.M.S.S. Union
thereupon declined to take part in the proceedings or to have the test of
representative character applied and nothing further could be done. 1 left it open
to the R.M.S.S. Union to participate in the proceedings at any stage and they
ultimately after the end of the strike filed their statement of claim and took an
active part in the proceedings.”
The strike, however, continued in spite of the prohibition of the Government
and on the 18th December the management notified to the workers that unless
they returned to duty, they would be dismissed. The strikers however did not
return and formal orders of the dismissal were issued on the 24th December
• against some 400 of them. Attempts were made to bring about a settlement but
nothing came out of them and on the 31st December orders of dismissal were
issued regarding the other strikers. The Government on the 31st January issued
an amendment by substituting for paragraph 2 of the memorandum of 2nd
December as follows: “Although the Government do not consider it necessary to
refer the question of recognition of the Dalmianagar Mazdoor Seva Sangh, it is
open to any party to the dispute to take this issue or any other issue before the
Tribunal.” On the 3rd February, Shri Baswan Singh, President of the Socialist
Union, was arrested. The strike had practically failed by the first week of
February and was called off by the Socialist Union on 7-2-49. Shri Baswan Singh
was released on the 23rd February. Three employees, namely, Suraj Singh,
Radhakant Jha and Motilal had been arrested and prosecuted under section 26
of the Industrial Disputes Act for participating in and furthering the strike which
had been declared illegal. They were convicted by the Magistrate on 15th
January 1949 under section 26 and sentenced to undergo rigorous imprisonment
of one month each and to pay a fine of Rs.50 or, in default, suffer rigorous
imprisonment of one week each. The Magistrate says: “In view of these facts
there can be no two opinions that the accused persons have been on strike which
was declared illegal by a competent authority and duly promulgated, and are
continuing the same. After the withdrawal of the strike and after his release on
the 23rd February, Shri Baswan Singh saw the Manager of the Company on the
28th February in connection with the reinstatement of the dismissed workmen
and he wrote to him on the 8th March that he had made it clear to the Manager
that if the Company did not change its decision regarding their reinstatement,
then he would have to undertake a fast which will continue until the dismissed
214
Dr. Rajendra Prasad:
hands were taken back. He started his hunger-strike as has been stated above on
that day. The point therefore which I have to consider is whether the dismissal
was wrongful and the dismissed workers should be reinstated. The Company’s
answer is that the dismissal was not wrongful but lawful and right because the
strike was illegal, being prohibited by Government notification dated the 2nd
December.
Under section 23 of the Act there can be no strike during the pendency of
proceedings before a Tribunal and two months after the conclusion of such
proceedings. In this case the Tribunal was appointed on the 2nd December.
It held its first sitting on the 11th December and continued the same till sometime
in May. The general strike started on the 4th December and continued till 7th
February and was therefore illegal under section 24 which lays down that a strike
is illegal if it is commenced or declared in contravention of section 22 or section
23 or continued in contravention of an order made under sub-section (3) of
section 10. It has already been mentioned that the sugar factory had been
declared to be a public utility service and therefore no person could go on strike
during the pendency of any conciliation proceedings and seven days after the
conclusion of such proceedings. It is stated that in this case the conciliation
proceedings had concluded with the report of the Conciliation Officer on the 1st
December and as this strike started on the 4th December within seven days of the
conclusion of such proceedings it was illegal. Even if the conciliation proceedings
be taken to have terminated on the 29th November when the attempt at Patna in
the presence of the Revenue Minister for bringing about a settlement failed it
would still be illegal as being within seven days of that date. Further, the strike of
Watch and Ward Department workers which had commenced on the 21st
November had also continued, after the reference of the entire dispute to
the Industrial Tribunal by the notification of the Government dated the 2nd
December and after the Government had prohibited under sub-section (3) of
section 10 of the Act continuance of all strikes that might be in existence on the
day of the notification.
It is argued on behalf of the Socialist Union that section 23 does not apply as
the original reference by the Government to Mr. Jeejeebhoy did not'include one
of the demands, namely, the request for withdrawal of recognition given to the
INTUC Union by the Company and therefore the workers were free to strike for
securing this demand which was not referred to the T ribunal. The point therefore
requiring decision is whether the strike was illegal under section 23 which lays
down that “no workman ... shall go on strike ... during the pendency of
proceedings before a Tribunal and two months after the conclusion of such
proceedings. The section is not limited by any condition that the strike which is
prohibited is a strike in connection with any of the points referred to the Tribunal.
The words are perfectly general without any such limitation and it has been in
Prabhatkumar vs. W.T.C. Parker, 54 C.W.N., page 84, that the words of clauses
(a) and (b) of section 23 coverall strikes and lockouts and there is nothing in these
two clauses from which the court can infer that a strike or lockout is permissible
216
Dr. Rajendra Prasad:
in view of the previous decision.
It has also been argued that the question of recognition was not an industrial
dispute within the definition given in section 2 (k) of the Industrial Dispute Act.
Section 2 (k) lays down: “Industrial Dispute means any dispute or difference between
employers and employers or between employers and workmen or between workmen
and workmen which is connected with the employment or unemployment or the
terms of employment or with the conditions of labour of any person.” As this is
not a dispute which is connected with the employment or unemployment or the
terms of employment or with conditions of labour of any person, it was notan
industrial dispute and therefore it could not in law be referred to a Tribunal'
under section 10 which lays down expressly that if an industrial dispute exists or
is apprehended, the proper Government may by order in writing refer the dispute
to a Tribunal for adjudication. Some decisions of Tribunals have been placed
before me to show that the question of recognition of a Union is notan industrial
dispute within the Act. But it is not necessary for me to consider this point. If the
strike is held to be illegal, as it must be in the circumstances stated above, it is
immaterial whether that particular item was or was not an industrial dispute and
whether the workers would be justified to go on strike for enforcing it when I
agree with the decision of the Calcutta High Court that the strike, irrespective of
whether it is in respect of a matter under adjudication before the Tribunal or not,
is illegal. Since the strike was illegal, dismissal was not illegal and therefore no
question of reinstatement as a matter of law or as a matter of right arises. It has
been pointed out, however, that these workers who have been dismissed are all
old workers who have practically built up the factory and it is very hard that they
should be dismissed in this way. On the other hand, the Company recruited new
hands and it has asserted that it is not in a position to reinstate the old hands
without removing the new recruits. The Socialist Union also is not in favour of
removal of the new hands but says that the factory can absorb these dismissed
persons also. Sjt. S.P. Jain, the Managing Director, who was willing to take
back the old hands, as occasion and vacancy arose, complained that the
Company had suffered a heavy loss and was not in a position to absorb them at
present. But he assured me that in case of vacancy old hands would be given
preference but he would reserve the right to himself not to take any particular
individual whom he considered undesirable. I am sorry that many workers have
been thrown out of employment and can only express the hope that the Company
would forget and forgive and, when vacancy arises, absorb as many of them as
possible. This cannot be a part of my award which is that the strike being illegal,
the dismissal was legal, and reinstatement cannot be claimed as a matter of right.
The Socialist Union, apart from the reinstatement of the dismissed persons
and other reliefs arising out of the dismissal, has asked for the restoration of its
rights as a recognised Union and for an assurance that the management will not
give differential treatment to them on account of their association with one
Union or the other. As Mr. Jeejeebhoy has pointed out, there has been
considerable change in the position of the two Unions on account of and during
217
Correspondence and Select Documents
and since the strike. But I do not think the management have withdrawn
recognition from the Socialist Union, and if that is so there is no reason why they
should not give it all the rights that a recognised Union have. As regards
differential treatment on account of association that is a matter which cannot be
regulated by an award and must be left to the good sense of the parties.
Much was said by the management regarding violence indulged in by
members of the Socialist Union during the period of the strike resulting in serious
personal injuries to several of the workers who did not join the strike and also
about a fire in the paper factory and godown which was attributed to arson and
the consequent loss of several lakhs worth of raw material like waste paper, pulp
and resin besides injury to building and machinery. It was also said that the sugar
factory machinery was tampered with and the factory suffered heavy loss on
account of low recovery of sugar from cane which was due partly to the damage to
the machinery and partly to delayed crushing which caused the cane to dry up.
The factory claims that this loss should be made good by the Government as it
was at the instance and insistence of the Government of Bihar that it was run to
produce and supply an essential item of food like sugar and to save the kisans who
had grown the sugarcane from heavy loss. The Socialist Union has of course stoutly
denied that its members were guilty of violence or sabotage. As I have stated
above, it was not necessary for me to investigate this charge to come to a definite
conclusion for the purpose of the arbitration before me. Similarly, with regard to
the factory’s claim I thought it was beyond the scope of my authority and in fact
the Government representative had no authority or instruction to assist me. So I
have not dealt with that matter.
One point, on which much stress has been laid by Sjt. S.P. Jain, is whether Sri
Baswan Singh’s fast was justified. All that I can say about such fasts is that they
should not be resorted to for gaining political or other ends. Mahatma Gandhi was
a person sui generis and it is no use following his example in this respect alone
when there are various other things of a fundamental nature in which one is not
prepared to accept his principles and act up to them. For example, it is no use
indulging in a fast without his background and unalterable faith in non-violence
which rules out any coercive fast, and a fast by a person without that background
and faith is essentially a coercive fast. But nothing in this arbitration turns upon
the nature of this fast of Sjt. Baswan Singh and what I have said is only what I
consider to be the scope of a fast by a public worker.
Rajendra Prasad
20.1.50
CORRESPONDENCE
PART II
1. From Louis Fischer to Vallabhbhai Patel
237 Madison Avenue
New York 16
2 February 1949
Dear Sardar Patel,
Greetings and best wishes for your good health.
I am writing the life of Mahatma Gandhi and want to be sure that there are no
inaccuracies in it 1 see, from an account of the trial in The Hindustan Times of
31 August 1948, that Maniben was with you in your last talk with Bapu. Is this
correct?
The same witness declared that he saw you and Maniben off to the inner gate. I
would like to know how far from the scene you had gone and how you learned of
the assassination, for apparently you were back at Bapu’s side in a few minutes.
These facts may not seem of great moment, but it is better to have the facts as
they were.
Respectfully,
Louis Fischer
Sardar Vallabhbhai Patel.
2. From Vallabhbhai Patel to Louis Fischer
New Delhi
9 February 1949
Dear Mr. Louis Fischer,
Thank you for your letter of 2 February 1949.
It is correct to say that Maniben was with me during my last talk with Bapu.
After we left Bapu we returned to our house. We had hardly been there for a
minute or two when Brijkishan [Chandiwala], whom you probably know as he
always used to be with Bapu in Delhi, came in hot haste and told me that Bapu
had been shot. We immediately went back to Birla House and were by his side
within about five or ten minutes of his assassination.
With kindest regards,
Mr. Louis Fischer
237 Madison Avenue
New York 16.
Yours sincerely,
Vallabhbhai Patel
222
Dr. Rajendra Prasad:
3. From P.R. Das to Jawaharlal Nehru
Shantiniketan
Fraser Road, Patna
1 1th February 1949
My dear Panditji,
I think it right that I should inform you that I am proposing to send a
communication to the Secretary-General, United Nations Organisation, of
which I enclose a copy. I have little hope that you will have time to peruse the
communication; but 1 venture to think that it will repay perusal.
I confess that 1 am, and have always been, one of your most ardent admirers. It
is your great personality that has put India on the international map. I am
convinced that your leadership and that of Sardar Vallabhbhai Patel is essential
for many years to come.
At the same time I am also convinced that you are aiming at Congress
dictatorship. There is no such thing as the liberty of the Press today. The latest
outrage is an order by Bengal Government on Saturday Mail requiring that all
matters intended for publication shall be submitted for scrutiny to the Secretary
to the Government of West Bengal and that no issue of the journal shall be
published except with his written permission. The Congress President has
recently admitted that the Press enjoys less freedom today than it did under the
British.
So far as personal liberty is concerned we are in no better position. Thousands
of men all over India are today in jail under what the Congress leaders— and
particularly my brother the late Deshbandhu Chittaranjan Das — used to
describe as “lawless laws”. These people who are in jail today have no right to
appeal to courts of law; and the courts of law have no right to consider whether
their detention is at all justified.
I suggest with great humility that you have no right to call India a democratic
state unless you guarantee the liberty of the Press and the liberty of the subject.
The fundamental rights embodied in the Constitution approved by the
Constituent Assembly constitute a grave danger both to the liberty of the Press
and the liberty of the subject. I have dealt with it fully in an article which I
contributed to the Indian Law Review, a copy of which I sent for your perusal.
Man, the individual, has, from the dawn of history always been the victim
governmental oppression. That must be so wherever any Constitution permits
(as the Constitution of India does) the discretion of the executive to be
substituted for the discretion of the courts, so far as liberty of the subject is
concerned. I thought that your idealism would help to establish the Rule of Law
in India. But that is not to be. And so, though independence has come, another
struggle awaits the country to win freedom for the people.
Yours sincerely,
P.R. Das
Correspondence and Select Documents
Enclosure:
223
(Copy of letter from P.R. Das to Trygve Lie, Secretary-General of the
United Nations)
“Shantiniketan”
Fraser Road, Patna
India
Uil ,
I venture to address you on the Constitution of India which is now being
considered and framed by the Constituent Assembly of India. I consider that
certain Articles already adopted constitute a serious menace to the liberty of the
subject, and are against the spirit, if not the letter, of the Charter of the United
Nations. In my opinion, the United Nations Organisation will be justified,
therefore, in taking note of what is being done in India.
I ought to mention that, prior to the independence of India on August 15th,
1947, there existed a series of statutes which gave complete discretionary power
to the executive government (1) to suppress political parties, (2) to detain persons
in custody without bringing them up to trial, (3) to control the Press, and (4) to
otherwise interfere with the liberty of the subject. ‘Rule of Law’, in the sense in
which that term has been used by Professor Dicey, and other writers on
Constitutional Law, was unknown to us in India, and the British Government
had possessed themselves large discretionary authority to imprison any person
without bringing such a person before the ordinary courts. ‘Rule of Law’ means
that “no man is punishable or can be lawfully made to suffer in body or goods
except for a distinct breach of law established in the ordinary legal manner
before the ordinary courts of Law”. Experience has shown, as Professor Dicey
points out in his Law of the Constitution that “wherever there is discretion there
is room for arbitrariness, and that in a Republic, no less than in Monarchy,
discretionary authority on the part of the Government must mean insecurity for
legal freedom on the part of its subjects”. While in opposition, the Indian
Congress leaders, many of whom were victims of this discretionary authority on
the part of the British Government, were never tired of strongly denouncing these
laws which they described as ‘lawless laws’. But, as soon as Congress came into
power, it found it convenient not only to retain all these ‘lawless laws’ but to enact
various Acts, called Security Acts, under which the provincial executive
governments have obtained enormous discretionary power to imprison persons
without bringing them up to trial. In Bengal, under the recent Security Act,
extensive power has been given to the Police to make searches without warrants,
which provision (as to searches without warrants) strikes at the root of personal
liberty. The maxim that ‘every man’s house is his castle’ is a part of British and
American, and, I believe, of every civilised nation’s constitutional law. I would
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Dr. Rajendra Prasad:
refer you to the celebrated case of Wilkes in this connection. The latest outrage
on the freedom of the Press is an order on Saturday Mail requiring that all
matters intended for publication shall be submitted for scrutiny to the Secretary
to the Government, West Bengal, and that no issue of this journal shall be
published except with his written permission. Dr. Pattabhi Sitaramayya, the
Congress President, at a recent Press Conference has admitted that the liberty of
the newspapers is “difinitely less under the National Government” than what it
was under the British regime.
Article 13 of the Constitution (as adopted by the Constituent Assembly of
India) recognises certain fundamental rights of the citizens, inter alia, to
assemble peaceably, and without arms, and to form associations or unions; but
all these are subject to ‘existing laws’, which existing laws recognise the right of the
executive government at its discretion to suppress political parties and prevent
assembly of persons and break up meetings. In other words, what has been given
by one hand has been taken away by the other.
But it is Article 15 which constitutes the greatest menace to the liberty of the
subject. That Article provides that “no person shall be deprived of his life or
personal liberty except according to procedure established by law”. It was
suggested that the words of the American Constitution should be followed,
namely, “. . . nor shall any State deprive any person of life, liberty or property,
without due process of law”. The framers of the Indian Constitution, however,
preferred the words adopted by them from the Japanese Constitution on the
ground that they are more specific than the words in the American Constitution.
I maintain that the expression ‘due process of law’ has through judicial
interpretations acquired a strictly definite connotation. These words were
intended “to secure the individual from the arbitrary exercise of powers of
Government, unrestrained by the established principles of private rights and
distributive justice”. The words adopted by the Constituent Assembly would
enable the executive government to deprive a man of his personal liberty,
provided the procedure is duly observed. As Dr. Harold Zink has pointed out in
his Government and Politics in the United States (1947): “While procedural due
process demands that actual conduct of the trial be in conformity with objective
standards of justice, substantive due process demands that the laws under which
trial is conducted be themselves just and fair.” Sir Brojendra Mitter, a well-
known Indian jurist, has pointed out that “Article 15 secures procedural due
process only. It affords no protection against tyrannical laws.’T enclose herewith
copies of Articles 13 and 15 as adopted by the Constituent Assembly, and also a
copy of an article which I contributed to the Indian Law Review , which has been
reprinted for your perusal and consideration.*
Almost each provincial legislature has passed a Security Act curtailing the
liberty of the subject. It will be sufficient for me to deal with one of these Acts:
The West Bengal Security Act, 1948. It is a temporary Act, but steps are being
taken all over India to convert these temporary Acts into permanent ones. Section
16 of the Act as it stood before its amendment ran as follows:
225
Correspondence and Select Documents
16. (1) The Provincial Government, if satisfiedon reasonable grounds,
with respect to any particular person that with a view to preventing him
from doing any subversive act it is necessary so to do, may make an order
(a) directing that he be detained;
(b) directing that, except in so far as he may be permitted by the provisions
of the order or by such authority or person as may be specified therein,
he shall not be in any such area or place in West Bengal as may be
specified in the order;
(c) requiring him to reside or remain in such place or within such area in
West Bengal as may be specified in the order and if he is not already
there to proceed to that place or area within such time as may be
specified in the order;
(d) requiring him to notify his movements or to report himself or both to
notify his movements and report himself in such manner, at such
times and to such authority or person as may be specified in the
order;
(e) imposing upon him such restrictions as may be specified in the order in
respect of his employment, business or movements, in respect of his
association or communication with other persons, and in respect of his
activities in relation to the dissemination of news or propagation of
opinions.
(2) Where an order is made under sub-section ( 1 ) directing any person to
be detained, the Provincial Government may, if it so thinks fit, grant to
such person, in accordance with such rules as it may make in this behalf,
such allowance of expenses as it may deem appropriate.
(3) If any person is in any area or place in contravention of an order
made under the provisions of this section, or fails to leave any area or place
in accordance with the requirements of such an order, then, without
prejudice to the provisions of sub-section (6), he may be removed from such
area or place by any police officer or by any person acting on behalf of the
Provincial Government.
(4) So long as such an order as aforesaid in respect of any person
directing that he be detained, is in force, he shall be liable to be removed to
and detained in such place and under such conditions, which may include
conditions as to maintenance, discipline or punishment for offences and
breaches of discipline, as the Provincial Government may from time to time
by general or special order specify.
(5) If the Provincial Government has reason to believe that a person in
respect of whom. such an order as aforesaid has been made directing that
he be detained has absconded or is concealing himself so' that the order
cannot be executed, it may
(a) make a report in writing of the fact to a Presidency Magistrate or a
Magistrate of the first class having jurisdiction in the place where the
said person ordinarily resides; and thereupon the provisions of
226
Dr. Rajendra Prasad:
sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, shall
apply in respect of the said person and his property as if the order
directing that he be detained were a warrant issued by the Magis-
trate;
(b) by notified order direct the said person to appear before such officer, at
such place, and within such period as may be specified in the order; and
if the said person fails to comply with such direction he shall, unless he
proves that it was not possible for him to comply therewith and that he
had, within the period specified in the order, informed the officer of the
reason which rendered compliance therewith impossible and of his
whereabouts, be punishable with imprisonment for a term which may
extend to one year, or with fine, or with both.
(6) If any person contravenes any order made under this section, other
than an order of the nature referred to in clause (b) of sub-section (5), he
shall be punishable with imprisonment for a term which may extend to
three years, or with fine, or with both.
You will notice that an order under section 16 could be made if the Provincial
Government was satisfied “on reasonable grounds” with respect to any particular
person that it was necessary to make an order with a view to prevent him from
doing any subversive act. The case of some of the detenus came up before the
Calcutta High Court, the case made on their behalf being that there was no
“reasonable grounds” for their detention. In referring the case to a Full Bench, the
Chief Justice of the Calcutta High Court said as follows:
Personal liberty is one of the most sacred rights possessed by citizens in
any civilised state. There can be no doubt that by a clear and unambiguous
legislation such rights can be seriously curtailed or even taken away from
the subject altogether. The Courts, however, would require the clearest
words before they would take away the liberty of the subject.
In the course of his judgment the Chief Justice expressed a strong view that it was
open to the Court to examine whether reasonable grounds existed for the
detention of the person concerned, and referred that question for the decision of
a Full Bench. But before the question came up for decision the West Bengal
Legislature, at the instance of the executive government, amended the Act by
striking out the words “on reasonable grounds”, thereby making it impossible for
the High Court to examine whether the grounds on which the order for detention
had been made were reasonable grounds or not.
Section 17, as it originally stood, provided for such detention for a period not
exceeding three months subject to a proviso as follows:
Provided that the Provincial Government may, if and so often as it
thinks fit, before the date on which under this section any such order would
Correspondence and Select Documents
227
otherwise have ceased to be in force, place before a Judge of the High Court
in Calcutta, the grounds on which the order is made, the representation, if
any, made under section 18 by the person affected thereby and such further
materials as the Provincial Government may think fit and the Provincial
Government shall, in accordance with the decision of the Judge thereon,
issue an order of release or a fresh order of detention for such period not
exceeding nine months as may be determined by the Judge:
Provided also that the person affected by the order shall not be entitled
to be defended or represented by any lawyer or other person before the
Judge:
Provided further that the Provincial Government shall be at liberty to
release any such person at any time notwithstanding any provision
hereinbefore contained.
Under this proviso the case of 107 detenus was placed before a judge of the High
Court; and, startling as it may seem, the High Court ordered the release of 68 out
of them, that is, more than 63 per cent, which shows that no grounds existed,
reasonable of otherwise, or at all, for detaining these 68 out of 107 persons. It
follows that 68 persons were deprived of their liberty at the mere whim and caprice
of the Provincial Government. Under the amended Act the Government has a
discretionary power to detain a person without trial for 9 months. As The
Statesman, a leading Calcutta daily and the only British newspaper published in
India and Pakistan, pointed out in its leading article of September 28,1948: “Thus
a man may be detained for ten months at the mere fiat of the executive.” 1 may
point out to you that hundreds of persons are under detention at the present
moment “at the mere fiat of the executive” all over India. I may also add that the
Congress Government has suppressed some political parties as illegal and is
clearly aiming to make itself the only party in India.
The only question that remains for consideration is whether your Organisation
can take note of what is happening in India.
I think I am right in pointing out that the express recognition, and the special
protection of fundamental rights of man, have become a general principle of
Constitutional Law of civilised states, and that International Law is increasingly
taking note of this fact. Freedom from arbitrary arrests is surely a fundamental,
inalienable and natural right of man. The view is gaining ground that the rights of
man, unless grounded in, and safeguarded by, effective recognition on the part of
the International Society, are not sufficiently protected against violent
encroachment by the state. Experience has shown that the denial of the
fundamental rights of men to freedom tends to constitute a danger to
international peace. Hitler’s Germany and Mussolini’s Italy are cases in point. The
rise in the period following the First Great War of various forms of authoritarian
dictatorship gave a renewed impetus to the claim for an international recognition
and protection of fundamental human rights. In 1929, the Institute of
International Law adopted a Declaration of the International Rights of Man.
228
Dr. Rajendra Prasad:
After a discussion organised by Mr. Ritchie Caldar, in which people of every
creed and all types participated, a Declaration of the Rights of Man was drawn
up by a distinguished committee. This is known as the Sankey Declaration of
Rights. This Declaration is set out at pages 242 to 248 of H.G. Wells’ The
Outlook for Homo Sapiens. I will take the liberty of quoting from it Article 9 of
the Declaration:
9. Personal liberty: U nless a man is declared by a competent authority to
be a danger to himself or others through mental abnormality, a declaration
which rrfust be confirmed within seven days and thereafter reviewed at least
annually, he shall not be restrained for more than twenty-four hours
without being charged with a definite offence, nor shall he be remanded for
a longer period than eight days without his consent, nor imprisoned for more
than three months without a trial.
At a reasonable time before his trial, he shall be furnished with a copy of
the evidence which it is proposed to use against him.
At the end of the three months’ period, if he has not been tried and
sentenced by due process of the law, he shall be acquitted and released.
No man shall be charged more than once for the same offence.
Although he is open to the free criticism of his fellows, a man shall have
adequate protection from any misrepresentation that may distress or injure
him.
Secret evidence is not permissible. Statements recorded in administrative
dossiers shall not be used to justify the slightest infringement of
personal liberty. A dossier is merely a memorandum for administrative
use; it shall not be used as evidence without proper confirmation in
open court.
It is pathetic to observe that while all civilised nations, including Japan, have
realised that a recognition of the fundamental rights of man essential to provide
a defence to the citizen against the discretionary power of restraint on the part of
the Government, for “power tends to corrupt and absolute power corrupts
absolutely”, India alone has struck a discordant note; India alone shows a
tendency to go back to absolutism.
The outbreak of the Second World War strengthened the belief that the
international recognition and protection of the rights of man was an essential
requirement of international peace. That conviction was repeatedly given
expression to in various Declarations on war aims, such as the Atlantic Charter
of August 14, 1941, and the Four Freedoms message of President Roosevelt to
Congress of January 6, 1941. The Charter of the United Nations indicates in
numerous provisions the recognition of human rights in the international field. I
refer you to the Preamble: “We the peoples of the United Nations, determined . . .
to re-affirm faith in fundamental human rights, in the dignity and worth of the
human person, . . .”. The purposes of the United Nations are set out in Article 1,
230
Dr. Rajendra Prasad:
I humbly pray that the questions raised in this letter be considered by your
Organisation.
Yours faithfully,
P.R. Das
Trygve Lie, Esqr.
Secretary-General of the United Nations
The United Nations Headquarters
Lake Success, U.S.A.
*Not included.
4. From Brajeshwar Prasad to Vallabhbhai Patel
8 Ferozeshah Road
New Delhi
14 February 1949
My dear Sardaiji,
Probably Godse will not submit any petition for mercy. It will be befitting
Gandhiji’s memory to pardon this scoundrel along with the others who have been
sentenced. They should be forcibly made to settle down in the Andamans as free
men. I do not know how far my suggestion is practicable or logical.
Always at your service.
Yours sincerely,
Brajeshwar Prasad
M.C.A.
Sardar Vallabhbhai Patel.
5. From Vallabhbhai Patel to Brajeshwar Prasad
New Delhi
15 February 1949
Dear Friend,
Thank you for your letter of 14 February 1949 regarding the commutation of
the sentence of Godse. I am sure you will appreciate that nobody knc ws better
Correspondence and Select Documents
231
than myself what Gandhiji would expect me to do in the matter. You can,
therefore, leave the matter at that.
Yours sincerely,
Vallabhbhai Patel
Shri Brajeshwar Prasad, M.C.A.
8 Ferozeshah Road
New Delhi.
6. From J.J. Singh to the Editor, the New York Times *
James H. Mysbergh’s letter, which appeared in your paper of February 27th,
deserves careful consideration at the hands of all those who are interested in
putting a halt to the ever-increasing influence of the Communists in South East
Asia.
Mr. Mysbergh rightly states that the Dutch military action in Indonesia “has
led to a new and critically important phase” in the relationship between the
United States and the South East Asian countries, and “today these countries —
particularly in view of current events in China — are faced with a choice of
political kinship to communism or western democracy”.
On the basis of these and other cogent reasons mentioned in his letter, Mr.
Mysbergh suggests that, before it is too late, the South East Asia League should
be formed, perhaps with the cooperation and help of the governments of those
countries. It is further suggested that this League should have “a regional
production pool” which will initiate “collective bargaining for the disposition of
raw materials on the world market and command power as a strong voice in the
United Nations”.
This is excellent. But there is something that the people of the United States
can do, too.
I suggest that a South East Asia League of America should be formed in the
United States. This League should consist of all progressive and liberal elements
who desire, not merely to have a negative approach of being just anti-
communist, but to have a dynamic and positive approach of encouraging and
standing by democratic forces in the whole of South East Asia.
The objects of this League should be, roughly:
(a) To help foster and encourage a Non-Communist-Left (NCL) movement in
the whole of South East Asia.
(b) To keep the American public informed of political and other developments
in these areas through all media of information.
232
Dr. Rajendra Prasad:
(c) To impress upon the United States Government and the Governments of
Western European countries that if it is important to create a North Atlantic
Pact as a bulwark against the spread of Communism, then it is equally
important to create a Non-Communist-Left movement as a bulwark against
Communism in South East Asia.
(d) To request the American Government and far-seeing American businessmen
to give economic and technical aid for the rehabilitation and industrialization
of these countries.
(e) To sound a clarion call that the American people will give moral and
economic support to all governments and parties in South East Asia who
will fight against totalitarianism — both of the Right and of the Left.
It is needless to mention that the whole world is looking towards America. Even
those who criticize America pay heed to what America has to say.
I have stated above that the South East Asia League of America should foster a
Non-Communist-Left movement in South East Asia. That is most important.
Ideologies have to be fought with ideologies. Ideologies cannot be stopped by
guns, but by better ideologies. Among the starving millions of South East Asia,
only Leftist slogans and Leftist programs can counteract Communist slogans
and Communist programs. A Non-Communist-Left movement is the only
weapon which will go to the roots of the Communist evil.
A forthright declaration of the American people that they will support such a
movement will help those who are undecided and are wavering.
Practically every country in South East Asia has democratic leaders — some in
the Government, some outside of the Government — who are being opposed by
totalitarian elements, both of the Right and of the Left. It is these leaders who
should be supported and backed by the American people.
The very first thing that the proposed South East Asia League of America
would have to do would be to insist upon a settlement in Indonesia, on a
democratic basis. American opinion would have no weight or prestige in
Indonesia, or for that matter in any other part of South East Asia, if the peoples
of those countries were to come to the conclusion that America is siding with
European nations which are still pursuing much hated imperialist policies. These
peoples of South East Asia would shy away from the United States and would
inevitably fall into the lap of the Communists. No amount of warning against the
dangers of Communism would then avail.
To the Indonesians, there is no greater evil than that of the Dutch rule. It was
precisely the same with us in India. All evils and ills were connected, in our minds,
with British rule. We were willing to take on the new-comers and face, perhaps, a
worse fate, but we could not be deterred from our desire to get rid of British rule.
The Indonesians and all colonial peoples feel the same way.
To expect that the non-self-governing peoples of South East Asia can be won
by a negative approach is to deceive ourselves. However, they can be won by a
positive approach. They can be won by the American people shouting, without
Correspondence and Select Documents
restraint and fear, that it is the birthright of all South East Asian peoples to be
free.
I am not against the proposed North Atlantic Defense Alliance. I think it is a
move in the right direction. But if for the sake of this Alliance the imperialist
nations of Europe have to be appeased at the cost of freedom, prosperity, and
happiness of the peoples of South East Asia, then history will record the fact that
the United States backed the wrong horse.
The United States has a splendid opportunity of taking the moral leadership at
this crucial period in human history. I hope it does not miss the boat.
J.J. Singh
President, India League of America
♦The letter, dated New York, 2 March 1949, appeared in the New York Times of Sunday, 13 March
194y.
7. From Jawaharlal Nehru to P.R. Das
PERSONAL
No. 286-P.M.
New Delhi
March 5, 1949
My dear Das,
Your letter of the 1 1th February with its enclosure was only placed before me
day before yesterday. I am sorry for this delay. I have been partly out of Delhi.
. I have read your letter and your memorandum to Trygve Lie, Secretary-
General of the United Nations. I confess, I feel exceedingly surprised. I am
writing to you only briefly now and intend writing at greater length a little later.
But the idea of any Indian addressing the Secretary-General of the United
Nations in regard to our domestic affairs is definitely odd. It means appealing to
foreign Powers to interfere in our internal arrangements. Apart from this being
outside the scope of the United Nations, this raises rather important questions as
to what a citizen of India should do and how far it is right for him to go outside
India to seek foreign support against his own Government.
Y ou refer to the liberty of the Press having been put an end to and you mention
an Order passed by the Bengal Government on Saturday Mail I am not
acquainted with the Saturday Mail and do not know what this Order is. I shall
enquire. I do know, however, that a number of periodicals associated on the one
hand with the Communist Party and on the other with the Hindu Mahasabha
and R.S.S. movements have been writing stuff of the most virulent and abusive
kind and Government have tolerated them because of their desire not to interfere
with the Press as far as possible. I am not sure how the West Bengal Government
234
Dr. Rajendra Prasad:
functions in this respect, but generally speaking we have encouraged the
formation of Press Advisory Committees consisting of representatives of the
local Press, and it is only on the advice of these Committees that Government
takes any action.
I have fairly considerable experience of the Press of various countries and I do
not remember seeing anything quite so virulent and vulgar as has been appearing
in some of these periodicals in India. There have been open or indirect
incitements to violence and praise of those who have committed violence and
murder. It is not my conception of civil liberty or of the freedom of the Press to
permit these incitements to violence. Indeed, this degrades the whole Press and
brings it into disrepute apart from other undesirable consequences.
Presumably, you are concerned with the action taken against the R.S.S.
organisation. This organisation, according to a mass of evidence in our
possession, has been working for violent upheavals and for individual violence.
Action is taken against them because of an open defiance of authority. The
freedom of the individual must be respected, but when that freedom is construed
as being a right to interfere with other people’s freedom, then it is a different
matter.
Yours sincerely,
Jawaharlal Nehru
Shri P.R. Das
Shantiniketan
Fraser Road, Patna (Bihar).
8. From Jairamdas Doulatram to Members of the Constituent Assembly of
India.
No. C.1316/49-PAM
1 York Place
New Delhi
The 7th March 1949
My dear Friend,
I happened to refer to the enclosed cutting from the ‘American Newsfile—
Agriculture Supplement’ (issued by the United States Information Service, 3
Queens Road, Bombay), when discussing the question of food production with
some of the Members of our Legislature. It was suggested to me that the extract
should be sent to all Members of the Legislature for their information. I am
therefore sending you a copy of it. I may also add that Mr. Dodd, the Secretary-
General of the Food and Agriculture Organisation, during his informal talks on
the occasion of his recent visit to Delhi, also emphasised the need of an Extension
Service if food production was to be speeded up in India. He said that they were
Correspondence and Select Documents
235
able to achieve substantial progress in the U.S.A. in regard to agricultural
production only when through such an Extension Service they placed technical
guidance and help at the disposal of individual farmers by direct personal
contact. The question of setting up a similar Extension Service in India is being
examined.
Yours sincerely,
Jairamdas Doulatram
Minister for Food & Agriculture
Members of the Constituent Assembly of India.
Enclosure:
(Cutting from ‘American Newsfile — Agriculture Supplement’ dated 1 6
February 1949)
U.S. AGRICULTURAL EXTENSION SERVICE
WASHINGTON, Feb. 16. Four out of five of the 6,500,000 farm families in
the United States received help in farming and homemaking from the
Cooperative Agricultural Extension Service of the U.S. Department of
Agriculture during 1947. This is noted in the Extension Service’s recent report for
the fiscal year 1948. ,
County agents of the Extension Service, during 1947, visited one out of every
three farms in the United States. More than 8,750,000 persons came to the agents’
offices for information and advice. The agents arranged more than 1 1,000 tours
during which more than 500,000 persons saw better farming and homemaking
practices demonstrated. The Service also carried on its educational work
through meetings, publications, news stories, radio talks and exhibits.
Large number employed throughout U.S. The Extension Service employs
12,800 county workers who deal directly with rural people in 48|States, Alaska,
Hawaii and Puerto Rico. They include 4,843 county agricultural agents and
assistants, working with the farmers and supervising extension work within their
respective counties. There are 3,318 home demonstration agents and assistants
who work with urban as well as farm women interested in better home practices.
A total of 656 agents work exclusively with the 1,730,000 boys and girls in the
80,286 4-H (Head, Heart, Hands and Health) Clubs organised throughout the
rural areas. County staffs also include office clerks. In addition, the Service has
specialists and supervisors in each state agricultural college and at the Federal
Extension Office in the U.S. Department of Agriculture at Washington.
The work of the Extension Service is supplemented by the efforts of nearly
1 ,000,000 rural men, women, and older boys and girls who serve as volunteer
local leaders. These local leaders receive no pay for this service. They help their
neighbours apply the benefits of science to rural living.
How service helps farmers. The Extension Service helps farmers to improve
236
Dr. Rajendra Prasad:
crop yields, to handle economic problems, to conserve natural resources, to get
electricity, to market their products efficiently, to develop better livestock and
poultry, to combat insects and livestock and plant diseases, and to improve their
home and community facilities. It also helps rural youth through the 4-H
program.
M.L. Wilson, Extension Service Director, says: “Extension’s job is to carry the
full weight of science to the farm. Not only to carry it there, but to help the people
apply it to field, home, and market place. This is education in its full practical
sense.”
A cooperative project. Extension Service is a cooperative project of the U.S.
Agriculture Department, State colleges, county and local governments, and local
organisations. Of the total cost of the work, about 52 per cent comes from the
Federal Government and the rest from State and local groups.
The Service helped improve 3,830,055 farms and 3,069,776 farm homes during
1947. Many representatives of other countries have visited the United States to
study extension methods, and representatives of the Service have visited other
countries to advise on agricultural extension programs. Countries visited include
Saudi Arabia, Greece, Peru, El Salvador, Ecuador, Burma and Korea. —
U.S.I.S.
9. From N.L. Das Gupta to the Private Secretary to Dr. Rajendra Prasad
No. 49GP46
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
New Delhi
30th March 1949
Dear Sir,
Your letter dated 25th March 1949.
Two card passes for the use of Dr. Rajendra Prasad and yourself are sent
herewith.
The passes have been issued in favour of ‘an officer of the Gandhi Smarak
Nidhi’ (and not by name) as suggested by Mr. P.B. Chandwani, Office Secretary,
Gandhi National Memorial Fund. Kindly acknowledge receipt of the passes.
Yours faithfully,
N.L. Das Gupta
for Secretary, Railway Board
The Private Secretary to Dr. Rajendra Prasad
Sadakat Ashram, Patna.
Correspondence and Select Documents
10. From Baron Allard to Gandhi Memorial Fund
111
STOP-WAR
16 Grand' Place
Bruxelles
2 April 1949
(a 1’attention de Dr. Rajendra Prasad)
Dear Sirs,
As you may well know, Romain Rolland did a lot to spread the Mahatma’s
ideal in our countries. We, at Stop-War, are continuing his work; we are sure that
Europe, and the world can only be saved through non-violence.
Rolland writes: “Accustomed as an historian, to observe the great tides of the
spirit, I can describe this one that has risen from the East: it will not retire until it
has spread all over the shores of Europe.” Gandhi’s achievement is not only of
great value to India, but to all the human race.
We are sending you in French some of our literature; the Stop-War movement
is affiliated to the World Federalists; it is non-political, and stresses the
importance of technical achievements to be used for the good, not for the ruin, of
humanity. The best man in our movement is Professor Pierre Girard, Director of
the Chemico-Physic Institute of Biology. The movement in France is called:
“Service de l’Homme."
Please answer this letter and help us to spread the spirit of Gandhi in the whole
world. Photos, films, papers, books on the subject, also in English, would be of
great value to us.
Madame Guieysse, sister-in-law of Romain Rolland, is helping us full time.
Henry Usborne of “The Peoples World Constituency” is working for the same
cause, and is a personal friend.
We thank you for what you will be kind enough to do for the cause of Peace
and in this hope of further contact and collaboration, we are.
Yours sincerely,
Baron Allard
Gandhi Memorial Fund
Town Hall, Bombay 1.
11. From Chakradhar Sharan to the Secretary, Railway Board
Camp: Muzaffarpur (Bihar)
The 3rd April 1949
Dear Sir,
Many thanks for your Registered Air Mail letter number 49GP46 dated the
238
Dr. Rajendra Prasad:
30th March 1949 enclosing the two passes issued in favour of “An Officer of the
Gandhi National Memorial Fund” and not in favour of Doctor Rajendra Prasad
and his Private Secretary as requested by me in my letter. I am herewith returning
the two passes back to you and I shall be obliged for your kindly issuing them in
favour of persons mentioned in my letter dated 25th March. We are coming to
Delhi on the 5th April and will again leave for Cawnpore the same night and will
again return there on the 9th before leaving for South India. You will please
arrange to get the two passes delivered to the Private Secretary to Dr. Rajendra
Prasad at 1 Queen Victoria Road, New Delhi, on either of the two dates,
preferably on the 5th.
Yours faithfully,
Chakradhar Sharan
Private Secy, to Dr. Rajendra Prasad
The Secretary, Railway Board
New Delhi.
12. From Ramdas M. Gandhi to C. Rajagopalachari
Nagpur
1 May 1949
My dear Rajaji,
I do not know what Panditji, Vallabhbhai and yourself have decided to do with
Godse. I trust and wish you are not one of those who want to see him sent to the
gallows. I see no point in making him a martyr! You know much better than
myself that with the exception of a few only the rest of the Hindus in India or
elsewhere as far as the Muslims of India or/ and Pakistan go, one and all is R.S.S.-
minded. So as it is not one Godse the [assassin] of Bapu that is to be dealt with but
millions of Godses.
Therefore what I would wish done is that Godse and if necessary his close
associates be sent to a penitentiary to find out for themselves and ponder and
think over if in any way they have achieved this end in view and decide once for all
that Hinduism or India cannot be and will never be saved by pursuing R.S.S.
methods. If there is no such penitentiary anywhere outside India one must be
established in India putting in charge the most fitted for this high post and place
under him Godse and his close associates.
Instead if Godse is sent to the gallows, you know Bapu, wherever he may be,
will feel deeply hurt; the same will be the condition of known and unknown
associates of Bapu who each in his humble way has incessantly, for long enough,-
tried to live and do as Bapu so very aptly felt and wanted each one ta live and do
and die in the attempt if the occasion demanded.
No doubt you will place this before Panditji [and] Vallabhbhai for their due
consideration and convey to me .their and your own views and also what is finally
Correspondence and Select Documents
239
decided by the three of you. As a matter of course you will speak this to Devadas.
Therefore, I am not sending him a copy of this.
1 hope and wish that you are well and fit in every sense.
With kindest regards and pranams.
Yours childlike,
Ramdas
Shri C. Rajagopalachari.
13. From Chakradhar Sharan to Raft Ahmed Kidwai
1 Queen Victoria Road
New Delhi
May 18, 1949
My dear Sir,
Shri Lakshmi Das Ashar, who has been appointed Secretary of the Gandhi
Smarak Nidhi (Gandhi National Memorial Fund) Trust and is staying at 1
Queen Victoria Road, has to return to Ahmedabad with his wife on the morning
of the 20th by plane. I had telephoned to Messrs. Air India and Messrs. Govan
Brothers for two tickets. They have given me to understand that only one seat is
available and for the other I have to arrange for the Government Priority. As Syt.
Lakshmi Das Ashar is not an officer of the Government of India, I doubt if the
Director-General of Civil. Aviation can issue a Priority ticket in his favour. As
Syt. Ashar and his wife have to return to Ahmedabad urgently I shall deem it a
great favour for your kindly instructing the office for issuing a Priority ticket in
his favour.
Hoping to be excused for the trouble and with kind regards, I am,
Yours faithfully,
Chakradhar Sharan
Private Secy, to Dr. Rajendra Prasad
The Hon’ble Shri Rafi Ahmed Kidwai.
14. From Syama Prasad Mookerjee to Dr. J.C. Kumarappa
19th May 1949
Dear Dr. Kumarappa,
May I refer to our personal discussion that we had day before yesterday
regarding the Cottage Industries Board? I have been most anxious that you
240
Dr. Rajendra Prasad;
should join this Board and give us the Benefit of your help and advice. The Board,
as you are aware, is an Advisory Body. But any member on it has full freedom to
express his viewpoint and try to influence his colleagues regarding the steps to be
taken for the development of cottage industries in India. It is the policy of the
Government of India to do everything possible to see that cottage industries
develop in this country as speedily as possible. There need be no conflict between
large-scale industries and cottage industries. We should try to have an integrated
policy which may lead to the betterment of the masses of the people. I hope it will
be possible for you to accept the membership of the Board
I would suggest that we may have a general discussion on the subject on 25th
May. I shall be glad if you will kindly inform my Private Secretary what time
would suit you best.
Yours sincerely,
Syama Prasad Mookeijee
15. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
26 May 1949
My dear Vallabhbhai,
Please see the enclosed curious letter from a member of the P.C.C. of
Rajasthan (Jaipur). Whether Mr. Hiralal Shastri* is a bad man as described in the
letter or not, and whatever the motive of the writer of the letter may be, it does not
seem to be desirable that the “Sarvapratham Rashtrapathi” ’s place should
become the subject matter of title-page propaganda. If it is true that theLokvani
belongs to one of Mr. Shastri’s group, perhaps he may be told that this picture is
objectionable so that he may not repeat such stuff.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
^General Secretary, Ail India States People’s Conference; Member, Constituent Assembly, Chief
Minister, Jaipur State, and then of Rajasthan State.
Enclosure:
Bhindon Ka Rasta
Jaipur City
24 May 1949
Mahamahim Rajaji,
The Lokvani weekly has published two blocks side by side (Shri Chakravarti
Correspondence and Select Documents
241
Rajagopalachari or Dr. Prasad) on the title page in the recent issue of 22 May
1949. This paper belongs to Mr. Hiralal Shastri’s group. The very publication of
the relative blocks shows that propaganda and canvassing against Your
Excellency in favour of Dr. Prasad has been started by Mr. Shastri’s group in
Rajputana.
I have no ill-feeling towards Dr. Prasad as he is an unquestioned personality of
India, but by sending this cutting I simply mean to bring the particular activity of
Mr. Shastri’s group in Rajputana to your notice.
I may also mention that in a workers’ meeting Mr. Shastri mentioned openly
that Rajaji had tried his best to put hindrance in the formation of Greater
Rajasthan but he had to fail ultimately. This can be proved if ever required.
Yours sincerely,
Narain Chaturvedi
Member of P.C.C., Jaipur (Rajasthan)
16. From Nathuram V. Godse to Ramdas M. Gandhi
Simla
3 June 1949
Dear Brother, Shri Ramdas M. Gandhi,
Received your most kind letter yesterday of 17 May 1949.
As a human being I have no words to express my feelings for the wounds that'
you and your relatives must have received by the tragic end of your revered
father, by my hands. But at the same time I state that there is the other side also to
look at.
Iam not in a position to write all my thoughts on paper — nor am I in a position
to see you personally. But certainly you are in a position to see me in jail before my
execution.
Y ou say that you have heard that I am a man of ‘reason’ and ‘logic’. T rue! But
you will be surprised to note that I am a man of powerful sentiments also and
“devotion to my Motherland is the topmost one of the same”.
Y ou say that “once my mind is free from misunderstanding then no doubt that
I shall repent and realise my blunder”. Brother, I say that I am an open-minded
man, always a subject for correction. But what is the way to remove my
misunderstandings, if any, and to make me repent?
Certainly neither the gallows nor any big show of mercy and to commute my
punishment. The only way is to see me and make me realise. Up till now, I have
come across nothing which will make me repent.
I have received several letters from some prominent ‘Christian Missions’, and
242
Dr. Rajendra Prasad:
according to their faith and the teaching of the ‘Holy Bible’, they have tried to
give me some message. Their stand is quite intelligible. But yours is the first letter
that I have received which resembles to some extent to the well-known, or more
known teachings of your revered father. Really this is surprising! I have received
many letters full of abuses. I do not consider they were written by any disciple of
your father.
Anyway, I must humbly request you to see me and, if possible, with some
prominent disciple of your revered father, particularly who is not interested in
any power politics, and to bring to my notice my most fatal mistake.
Otherwise, I shall always feel that this show of mercy is nothing but an eye-
wash.
If you actually see me and have a talk with me, either sentimentally or on
reason, who knows you may be able to change me and make me repent or I may
change you and make you realise my stand.
The condition of the talks must be that we must stick to the “truth alone”
Again, I express my utmost regrets as a human being for your sufferings due to
the death of your revered father by my hands.
Yours sincerely,
Nathuram V. Godse
N.B. If you prefer, then please send a copy of this to H.E. the Governor-
General of the Dominion of India.
17. From Vallahhbhai Patel to C. Rajagopalachari
Dehra Dun
6 June 1949
My dear Rajaji,
Please refer to your personal letter of 26 May 1949.
Hiralal Shastri has written to me explaining that the Editor of the Lokvani in
posing the question took the idea from The Statesman of 5 May 1949. There was
no intention whatsoever to raise any controversy, nor did he desire to give a hint
that there was any sort of competition.
Hiralal also denies that he ever made the statement that you had tried to put
hindrance in the formation of Greater Rajasthan.
Yours sincerely,
Vallabhbhai PateJ
His Excellency Shri C. Rajagopalachari
New Delhi.
Correspondence and Select Documents
18. From C. Rajagopalachari to Vallabhbhai Patel
243
Government House
New Delhi
6 June 1949
My dear Vallabhbhai,
It is a hopeless affair to try to control the Blitz, but this cutting seems to be too
bad to be ignored. 1 have already sent you a cutting from a Jaipur periodical, sent
to me by a Jaipur politician with his comments. This comes on the top of it.
Perhaps in spite of what 1 have written above, this may be ignored.
Do you think we could induce Rajen Babu to do something to prevent this
kind of gossip?
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
Dehra Dun.
P.S. The taproot of Blitz’s politics is seen in the second cutting enclosed, taken
from the same issue (dated 4 June 1949).
C.R.
Enclosure 1:
(A cutting from the Blitz, dated 4 June 1949)
Even before constitution-making is complete, informal private canvassing has
already begun among the Constituent Assembly members regarding the choice
of the provisional President of India, who will have to be installed as soon as the
new Constitution is adopted and India declared a Republic. Members from the
South, some of whom are anxious to keep Rajaji away from Madras politics, are
canvassing in his favour while a large number of members from the North, who
dislike C.R. for being too clever and crafty for an average Congressman, prefer
Dr. Rajendra Prasad. Rajaji’s supporters argue Rajendra Prasad [is] physically
unfit for a strenuous job of this nature, while the other camp is raking up the past
to damn C.R. as the man who paved the way for Pakistan. This argument is, no
doubt, an exploded bomb, which will no longer carry any weight.
The two groups are, however, planning in a big way to mobilise public opinion
indirectly, without coming out in the open, by enrolling Press support in favour
of their respective mascot. Much will, of course, depend on how Pandit Nehru
and Sardar Patel will react. For the present at least the Big Two are in favour of
C.R.
A cold and calculating politician, Rajaji is, in the meantime, quietly
consolidating his position. While pretending that he has only four trunks to
244
Dr. Rajendra Prasad:
pack to quit Government House, he is nevertheless spreading his roots all over
the place. An analysis of the Court Circulars, for instance, will reveal the shrewd
and subtle strategy he is employing to spread his net.
Enclosure 2:
(A second cutting from the Blitz, dated 4 June 1949)
In a message to the tenth session of the Grand Lodge of Mysore and
Hyderabad of the International Order of Good Templars held at Secunderabad
recently, G.G. [Governor-General] Rajaji has extolled the wisdom of the East in
prohibiting alcoholic drinks and, after proudly stating that the West is trying to
copy the East, bursts into this pathos:
There is a tendency among the governing classes and officials to indulge in
spirituous drinks and to introduce them in spheres where they had no
legitimate place before. I am very grieved at this growing tendency.
We quite sympathize with Rajaji for being constrained to make an observation
which is, to say the least, damaging to the ruling classes who are supposed to be
following Gandhian ideals, chiefly Prohibition, in the Ram Raj they have set up.
We sympathize also with these latter folk, well meaning but impracticable
faddists. Will Rajaji even now recognize the limitations of human nature and give
a directive to the secondary powers in the provinces not to pursue what has
proved to be a will-o’-the-wisp?
19. From C. Rajagopalachari to Vallabhbhai Patel
New Delhi
7 June 1949
My dear Vallabhbhai,
Thank you for all the trouble you took over the matter of Lokvani and Hiralal
Shastri. Your letter of 6 June on the subject has crossed my letter enclosing some
cuttings from Blitz. It seems as if one cannot have peace as long as one lives. Who
wants this Governor-Generalship or Presidentship or Deputy Premiership or
anything else? It will not do to be depressed. Otherwise there is plenty of cause for
being thoroughly disgusted with our semi-educated folk. If we do not add religious
education of some kind to what our boys and girls go through in schools and
colleges, we shall go worse and worse.
I am glad you decided not to undertake to go to Trivandrum.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
Dehra Dun.
Correspondence and Select Documents
20. From Rajkumar to Chakradhar Sharan
INDIAN NATIONAL CONGRESS
(FOREIGN DEPARTMENT)
7 Jantar Mantar Road
New Delhi
7 June 1949
My dear Chakradhar Babu,
1 have your letter. The Conference about which Dr. Dadoo spoke to Rajen
Babu is the Natal Provincial Conference to be held on June 24 under the auspices
of the Natal Indian Congress. I am enclosing herewith a draft message which, if
approved, may be sent by airmail to:
The General Secretary
Natal Indian Congress
P.O. Box 2299
Durban, S. Africa
By the way, you say Dr. Dadoo has left for South Africa. My information is
that he has gone to Kashmir.
With best regards,
Yours sincerely,
Rajkumar
Shri Chakradhar Sharan
1 Queen Victoria Road
New Delhi.
Enclosure:
(Draft Message)
It is now evident that South Africa’s policy of racial discrimination is basically
responsible for the recent riots in Durban. The fascist doctrine of race hatred
which the Malan Government openly professes is likely to embitter further the
relations between the different races inhabiting South Africa. The Indian
community therefore should be on guard lest conflict with the native population
should strengthen the hands of the European reactionaries. It is clear by now that
only a united stand by the coloured population in South Africa can foil Malan’s
game. I hope that the Natal Provincial Conference meeting on June 24 would pay
due attention to this unity between the Indians and the natives. 1 send my best wishes
for the success of your conference.
Rajendra Prasad
246
Dr. Rajend'
21. From Vallabhbhai Patel to C. Rajagopalachari
Dehra Dun
9 June 1949
My dear Rajaji,
Thank you for your letter of 6 June 1949.
With our notions of civil liberties and freedom of the Press and many
impediments in the way of corrective action, I am afraid it is impossible to reform
Blitz . However, I have had it conveyed to Rajen Babu that he might issue some
sort of statement. I hope he will agree.
Yours sincerely,
Vallabhbhai Patel
His Excellency Shri C. Rajagopalachari
Governor-General of India, New Delhi.
22. From Ramdas M. Gandhi to Jawaharlal Nehru
Khalasi Lines
Nagpur (C.P.)
13 June 1949
My dear Jawaharlalji,
As stated in my letter addressed to you, dated 1 1 June 1949, I now enclose
herewith copy of a letter dated 13 June 1949, addressed bymetoGodse, in reply to
h ; s letter dated 3 June 1949* and received by me on 9 June 1949.
You will notice that in place of Vinoba Bhave, in my letter dated I3thinst. to
Godse, I have mentioned the name of Shri Kishorlal Mashruwala. I feel that this
change of name was necessary as Kishorlalbhai is definitely in a better position to
bring about a desired change in the outlook and wrong policy that has been
pursued by Godse.
You know that Kishorlalbhai, physically, is in no condition to stand the strain
of a long journey. As such I feel that our meeting with Godse should take place in
Delhi in the Red Fort. I exactly do not know, but I feel that no difficulty should
be experienced by all concerned in bringing Godse from Simla to Delhi and lodge
him in the Red Fort.
I am now awaiting to hear from you as soon as it may be possible for you to
inform me whether the proposed meeting with Godse will be arranged.
With kindest regards,
Yours sincerely,
R.M. Gandhi
Pandit Jawaharlal Nehru
New Delhi.
♦See Nathuram V. Godse’s letter to Ramdas M. Gandhi, dated 3 June 1949.
Correspondence and Select Documents
Enclosure:
247
(Copy of letter from R.M. Gandhi to Nathu Ram Godse)
Khalasi Lines
Nagpur
13 June 1949
Dear Shri Nathuram Godse,
I have your letter dated 3 June 1949.
1 am glad to see that you are always open to conviction, and your desire to have
a heart-to-heart talk with me and a close associate of my father on the question
whether ways and means adopted by you have in any way served or are likely to
ever prove fruitful in the future in maintaining the integrity of our dear
Motherland or the centuries-old Hindu religion, which, like all other present-day
religions, is free of distinction of any kind, is encouraging.
Accordingly, without any commitment on the part of the government of the
Indian Dominion, myself or those who accompany me, to have a talk with you, I
am requesting Pandit Jawaharlal Nehru today to allow Shri Vinoba Bhave, Shri
Kishorlal Mashruwala and myself to have a heart-to-heart talk with you on the
above subject, as it is your heart’s desire to do so.
Please note, however, if it is destined that the proposed talk should take place,
it will be only some day after 25 June 1949, as it is not possible for me to leave
Nagpur for Delhi and thence to the place wherever you are lodged, before 25
June 1949.
I feel you need not have stipulated the condition, namely, “condition of the
talks must be that we must stick to the truth alone”, as I think it was not only
unnecessary in my case, but also in the case of any close associate of my
father.
In the meanwhile, I would suggest your devoting all time that is available to
you to self-introspection and with full confidence in “Him” and pray that “He”
bestows on you “this Divine Grace”, as it is such grace alone that I feel will help
you to see your mistake and realise that it was after all Gandhiji who knew best
that the interests of our Motherland, and the Hindu religion in particular, could
be protected from insult or injury. If you do this, I am sure, at the end of the
proposed meeting between you and us, you will be able to sing with us the
undernoted shloka in the 18th chapter of Bhagwat Gita, a piece of poetry full of
meaning and charm.
^Pd^JT I
fedoisR-M cP4 1 1 vs 3. | {
Yours sincerely,
R.M. Gandhi
248
Dr. Rajendra Prasad:
23. From Jawaharlal Nehru to Vallabhbhai Patel
New Delhi
13 June 1949
My dear Vallabhbhai,
You must have received Ramdas Gandhi’s letter with its enclosures * I enclose
a copy of my reply to him.
Yours,
Jawaharlal
The £1001)16 Sardar Vallabhbhai Patel
New Delhi.
*See Ramdas M. Gandhi's letter to Jawaharlal Nehru, dated 13 June 1949.
Enclosure:
(Copy of Jawaharlal Nehru’s letter to Ramdas M. Gandhi)
New Delhi
13 June 1949
My dear Ramdas,
I have just received your letter. I confess that you have put me in a difficulty.
My own inclination is to advise you not to visit Nathuram Godse. I do not think
this visit at this stage can serve any useful purpose. But in this matter I should like
to be guided by what Shri Rajagopalachari and Sardar Patel may advise. I am
therefore writing to them on this subject. You have sent the copies of letters to
them already.
Yours sincerely,
Jawaharlal Nehru
Shri Ramdas M. Gandhi
Khalasi Lines, Nagpur.
24. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
13 June 1949
My dear Vallabhbhai,
I hope you have improved in health. I note that Kishorlalbhai has gone there. It
seems Ramdas is excited and is not able to restrain his anxiety to talk to
Correspondence and Select Documents
249
condemned prisoners and convert them to the creed of non-violence and
repentance! What Bapu himself was not able to do and to which he was sacrificed
like a lamb led to the altar! 1 am surprised.
Not only are some of our friends desirous of saving Godse for future
generations but there is a regular campaign. I can see among certain hypocritical
organs of the Press somehow to get the death sentence abolished in time for this
purpose.
It seems as if the benefit of rash reforms must go to the man who has done the
wickedest act of modem times and murdered India herself before we give the
benefit of it to others. The man is seeking the intervention of likely people for this
very purpose in a subtle manner, I have no doubt. His unrepentant and blustering
pose in court on one side and soft letters to Sevagram and the sons of his victim
go ill together.
Yours sincerely,
C. Rajagopalachari
25. From S. Krishnamurti to V. Shankar
Government House
New Delhi
14 June 1949
Dear Shri Shankar,
This is what His Excellency has written to Shri Ramdas Gandhi. Kindly place
it before the Honourable Deputy Prime Minister.
Thanking you,
Yours sincerely,
S. Krishnamurti
Shri V. Shankar, I.C.S.
Private Secy, to the Hon’ble Dy. Prime Minister
Dehra Dun.
Enclosure:
Government House
New Delhi
14 June 1949
I would advise you to leave the case of Godse in the hands of Government. My
emphatic advice to you is not to intervene in the case. I agree with Jawaharlalji
250
Dr. Rajendra Prasad:
that you should not visit the prisoner.
C. Rajagopalachari
Shri Ramdas Gandhi
Khalasi Lines, Nagpur.
26. From Vallabhbhai Patel to Jawaharlal Nehru
Dehra Dun
16 June 1949
My dear Jawaharlal,
Thank you for your letter dated 13 June 1949.
2. I have not yet received Ramdas Gandhi’s letter. I have, however, received
Rajaji’s reply. I entirely agree with him that he should not visit Godseand that he
had better leave matters in the hands of those whose business it is to deal with
them.
Yours sincerely,
Vallabhbhai Patel
The HonYde Pandit Jawaharlal Nehru • - , .
New Delhi. > ' ,
27. From Vallabhbhai Patel to Jawaharlal Nehru
Camp: Dehra Dun
16 June 1949
My dear Jawaharlal,
I have now received the correspondence which has passed between Ramdas
and Godse as also a copy of his letter to you. I adhere to my previous view that he
should not see Godse. As it is, there is every likelihood of an attempt being made
to treat him as a martyr. The discussion which Ramdas proposes to have would
invest the last days of Godse with a certain amount of glory. To me, it appears
somewhat quixotic that any attempt should be made to convince a man who has
done such a dastardly crime and takes pride in-it. Ramdas is not equal to him at
all.
Yours-sincerely,
Vallabhbhai Patel
The Hon’ble Pandit Jawaharlal Nehru
New Delhi.
251
Correspondence and Select Documents
28. From Nathuram V. Godse to Ramdas M. Gandhi
Central Jail
Ambala
24 June 1949
Dear Shri Ramdas Gandhi,
Received yours of the 13th instant on 23 June and noted the contents.
I am glad that you have responded to my request; you may come at any time
which will be convenient to you. You can see me even one day before my
execution. I am not impatient about the visit. Even your willingness to see me
has given me a sort of satisfaction. It does not matter even if you do not see me at
all due to some other difficulties, but [that] mentally you are prepared to see me is
enough for me to be convinced about your sincerity of cause.
My pressing request is to try to have this interview.
I agree that I need not have stipulated the condition about “sticking to the
truth alone”. Believe me 1 did not mean any offence while writing the same. But
there were two main reasons behind my mind., One is that I have come across
numerous so-called followers of the creed of truth who actually in practice have
no regard for the same. 1 have seen some m the witness-box speaking a perverted
truth on oath.
And the second reason is that in the course of our conversation perhaps I shall
have to speak some bitter truth. At least which so far as I believe is truth and a
bitter one.
Anyway I am assured by your letter that 1 need not fear to speak frankly with
you.
Thanks for reminding me [of] the beautiful shloka from Bhagwat Gita—
Tsjt Rt?: To me not only this shloka but the whole of the Gita is
an invaluable piece of poetry full of meaning and charm.
After the expression of Arjun cR Arjun actually did it as Shri
Krishna told him !
° o
If possible you can enquire through Shri Vinobaji Bhave, who belongs to
Maharashtra by birth, or through somebody else about my general character and
behaviour up to my arrest. Perhaps that will be useful for you to know the
background of the person who committed a very cruel crime.
Nothing more for the present.
1 _ Yours sincerely,
Nathuram V. Godse
29. From N.V. Gadgil to Vallabhbhai Patel
The Retreat
Simla
My dear Vallabhbhai, 26 June 1949
I am sending herewith an cxtraci from the judgment of Hon'ble Justice
252
Dr. Rajendra Prasad:
Bhandari. This relates to the observations made by the Special Judge who tried
the case and in which he stated that the tragedy could have been prevented. I am
also enclosing an extract from the judgment of Justice Achru Ram. Justice
Bhandari has dealt with this aspect thoroughly and not only in a negative way as
has apparently been done by Justice Achru Ram. This is all to the good in view of
the criticism that was levelled against the Government of India and in particular
against you by the Socialists maliciously and by some of our friends foolishly.
I am returning to Delhi on the 30th.
With kindest regards,
Yours sincerely,
N.V. Gadgil'
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
Enclosure 1:
(An extract from the judgment of Hon’ble Mr. Justice Bhandari dated 21 June
1949 in the Gandhi Murder Case)
Towards the conclusion of his judgment the learned Special Judge has made
certain observations which appear to indicate that if the police had been more
vigilant in the discharge of their duties the tragedy which overtook Mahatma
Gandhi on 30 January may well have been averted. Mr. Daphtary contends that
these observations are not warranted by the evidence on the record.
It is a fundamental legal principle that no one is to be condemned unless he has
had an opportunity of being heard. Not a single question was put to any of the
police officers with the object of ascertaining whether it was possible for them to
save the life of Mahatma Gandhi and if so why the appropriate measures were
not taken in this behalf. Had the question been put and had an unsatisfactory
answer been returned the learned Special Judge would have been fully justified in
making the observations that he made. That question was not put. The result
therefore is that we are travelling in the realm of conjecture, because there is no
proper evidence on the file on the basis of which it is possible to say with any
degree of confidence whether the police were or were not negligent in the
discharge of their duties.
Even on merits it seems to me that the remarks are not justified. It is common
ground that the very first occasion on which the authorities came to know about
this particular conspiracy was at about 4 o’clock on the afternoon of 20 January
when Dr. Jain met Mr. Kher and Mr. Morarji Desai by appointment at the Civil
Secretariat at Bombay. He told them that Madanlal, who was responsible for the
explosion of 20 January, was a refugee from the Punjab whom Dr. Jain had
endeavoured to help; . that before leaving for Delhi Madanlal had discussions
with him; that Madanlal had told him that he (Madanlal) and his friends had
254
Dr. Rajendra Prasad:
in a corner room on the first floor of the Marina Hotel.
The police rushed to the Marina Hotel with the object of apprehending the
conspirators. When they reached there they found that the birds had flown.
Enquiries were made as to the persons who were occupying the corner room on
the first floor but the only information that the management of the hotel could
supply to the police was that two persons who had stayed under the names of M.
Deshpande and S. Deshpande had settled their bills and had left the hotel
immediately after the explosion in such haste they did not even care to take their
clothes with them. The police then visited the room in the Hindu Mahasabha
Bhawan which was said to have been occupied by Badge, Shankar, Madanlal and
Gopal. This room was empty and deserted for Badge and Shankar had quit the
place almost immediately after the explosion. And what about Karkare and
Gopal? Enquiry was made at the Sharif Hotel but no information could be
obtained as to the whereabouts of M r. B . M . Bias who had stayed there from 1 7 to
1 9 January and who had left the hotel a day before the explosion. So far as can be
judged even Madanlal did not know where his confederates had gone. Gopal was
in Delhi but he too made himself scarce after the explosion. He did not dare go
back to the Hindu Mahasabha office where he was staying the previous night, for
he did not know that Madanlal would not denounce him to the authorities. Both
Karkare and Gopal are said to have spent the night of the 20th in the Frontier
Hindu Hotel under the assumed names of G.M. Joshi and Rajagopalam. On 21
January the position was that although the police were aware of the existence of a
conspiracy to assassinate Mahatma Gandhi, the only conspirators who were
known to them were Badge, Karkare and Madanlal. A Deputy Superintendent
and an Inspector of Police left Delhi by air and reached Bombay on the 22nd.
They desired the arrest of Karkare and his conspirators in connection with the
bomb explosion. They stayed in Bombay till the 23rd and after their departure
Mr. Nagarvala continued the search for Karkare and his associates, if any.
Karkare was not known to the Bombay City Police. On certain information
received by him he issued instructions for the arrest of Badge on or about 24
January. Mr. Rana, D.I.G., C.I.D., whose headquarters are in Poona, came to
Bombay on 27 January and reported developments to him. On the same day Mr.
Nagarvala had a telephonic conversation with the Director of Intelligence
Bureau, Delhi, to whom also the developments had been reported.
Unfortunately Badge could not be traced till the 31st, a day after the tragedy had
been enacted at Birla House. The fatal shots were not fired either by Badge or by
Karkare or by Madanlal and even if they had been arrested immediately after the
explosion the tragedy could not be averted. The evidence on record does not
show that the names of the other conspirators were known. If their names were
not known the police could not very well put them under arrest.
The movements of Karkare, Badge and Shankar during the crucial period
commencing with the 20th and ending with 30 January are not known. Karkare is
said to have gone to the Frontier Hindu Hotel on 20 January, to have spent the
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Correspondence and Select Documents
night of 20 January in that hotel and to have left that hotel on the 21st. He was
seen at the house of Mr. G.M. Joshi at Thana (Bombay) on the 25th and at the
railway station at Delhi on the 29th. He was not known to the Bombay police. He
did not visit his regular haunts or, if he did, his haunts were not known to the
Bombay police. Badge and Shankar could certainly have been arrested if they
had gone back to Poona for they were well known to the police. Orders for the
arrest of Badge were issued on or about the 24th and Mr. Rana came to see Mr.
Nagarvala at Bombay on the 27th in connection with the arrest. It is impossible to
believe that if he had been anywhere near his house he would not have been
arrested. He was arrested on the 31st when he was returning from a certain
temple where he was presumably concealing himself. Shankar was arrested near
Bhuleshwar on 6 February. He too was arrested at a place where he was not
expected to be.
The only person who could have been arrested if the police wanted to arrest
him was Gopal, younger brother of Nathuram [Godse], This prisoner was at the
Frontier Hindu Hotel on 20 January, in the Elphinstone Annexe Hotel for a
short time on or about the 24th and in Thana on 25 January. Neither the
Elphinstone Hotel, Bombay, nor the house of Mr. G.M. Joshi at Thana are
places which he was known to visit but in any case the police could not know
that he was concerned in the crime. On the following day, i.e., on 26 January he
went and rejoined his appointment. He could obviously have been arrested on
that day if the police had been aware that he was a member of this conspiracy but
the police were not aware of this fact and he continued to be at large for a few
days more. As soon as it was known that Mahatma Gandhi was the victim of a
murderous assault furious mobs attacked the houses of persons who were said to
be concerned in the crime. The house of Mr. Savarkar was attacked and was
strewn with broken glasses and other missiles. The life of Gopal, who was known
to be a brother of the assassin, was in imminent danger and police protection had
to be given to prevent him from being lynched. He was rushed off to his native
village where prejudice against him was probably not as strong as in the
neighbourhood of Poona. He was arrested near Uksan on 5 February, his name
having probably been supplied by Badge who was arrested on 31 January or by
Madanlal who was brought from Delhi to Bombay on or about 4 February.
And what about the movements of Nathuram and Apte? Nathuram and Apte
left Delhi for Kanpur by train on the night of the 20th and stayed in a retiring
room at the railway station at Kanpur on the 21st. They did not supply their
names to the booking clerk. They left Kanpur on the 22nd and reached Bombay
on the 23rd. They went to the Arya Pathik Ashram at about 9 p.m. and Apte
asked for a room with two beds in the name of D. Narayan. No room with two
beds was available but they were allotted two beds in a room containing eight
beds. They left their luggage in that room and returned to the Ashram at 1 o’clock
in the night. The accommodation provided for them was not suitable and
Nathuram and Apte shifted to the Elphinstone Annexe Hotel on the 24th. They
stayed there under the assumed names of N. Vinayakrao and a friend. At about
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Dr. Rajendra Prasad:
6.30 on 27 January, they left [for] Delhi by air under the assumed names of D.
Narayanrao and N. Vinayakrao. They left Delhi the same afternoon, reached
Gwalior at night, spent 28 January in Gwalior and returned to Delhi on the
morning of the 29th. Nathuram and Apte stayed in a retiring room of the railway
station at Delhi on the 29th and for a part of the 30th which had been booked by
Nathuram in the name of N. Vinayakrao. On 30 January, Nathuram went to the
prayer meeting armed with a pistol and fired at Mahatma Gandhi. It was
impossible for any police officer, however capable and efficient he might have
been, to have prevented Nathuram from committing the crime on which he had
set his heart. He was going about from place to place under assumed names, not
staying in any one place for more than a day or two and it was impossible for any
police officer to catch hold of him particularly if he was not known or suspected
to be a co-conspirator. Apte was going about with Nathuram all the time. He too
travelled about under assumed names. Even if the police were aware on the night
of the 20th that Nathuram and Apte were concerned in the conspiracy it is
extremely doubtful if they could have stopped them from achieving their end.
The police did all that was reasonably possible to do. Immediately after the
explosion the police appear to have sent a number of persons to various railway
stations in order to prevent the suspects from escaping by train: Badge states that
as soon as the tonga carrying him and his servant Shankar reached the railway
station at New Delhi and as soon as he had purchased two third-class tickets from
Delhi to Poona he found a great commotion on the platform. The police were
moving about. Sensing danger to himself he came out of the platform, got into a
tonga and set off for the railway station at Delhi. He slipped through their fingers
because the police do not appear to have known till that hour that he was
concerned in the crime. Nor did they Know anything about Nathuram or Apte.
If the statement of Madanlal is correct that he did not know the names of the
conspirators and did not supply them to the police it is idle to contend that the
police could have prevented the tragedy notwithstanding the reticence of
Madanlal. Nathuram had made up his mind and was prepared to risk his life in
order to take that of Mahatma Gandhi. He took the risk of entering the premises
of Birla House armed with a pistol and he actually fired the fatal shots when he
was surrounded by a large multitude of people. He did not care to run away. He
had come to Birla House with a particular object and he was determined to achieve
it. He was prepared to take all risks and to abide by the inevitable consequences.
Was it possible for the police to stop a person whom they did not know, ora
person who was going about from place to place under false names or a person
who was determined to commit this particular crime regardless of consequences
to himself? The police were aware that something was afoot, but they did not
know when or where or by whom the blow was to be struck. They were groping
in the dark and could not find their way. We know what has happened and may
be able to say that this precious life could be saved this way or that way, but it is
always easy to be wise after the event.
The evidence on record satisfies me (a) that no opportunity was afforded to the
_ 257
Correspondence and Select Documents
police to explain the circumstances which prevented them from apprehending
Nathuram before 30 January and thereby saving the life of Mahatma Gandhi;
(b) that Madanlal failed to supply the names of the conspirators to the police;
(c) that even if those names were supplied it was extremely difficult, if not
impossible, for the police, to arrest Nathuram who was going about from place to
place under assumed names and who was determined to assassinate Mahatma
Gandhi even at the risk of losing his own life.
Enclosure 2:
(An extract from the judgment of Hon’ble Mr. Justice Kachru Ram dated 21
June 1949 in the Gandhi Murder Case)
Before concluding I want to advert to some remarks made by the learned
Special Judge as to the slackness shown in the investigation during the period
between 20 and 30 January 1948 but for which, in the view of the learned Judge,
the tragedy could have been prevented. I must say that I have not been able to
discover any justification at all for these remarks which in my judgment were
wholly uncalled for.
30. From Ramdas M. Gandhi to Jawaharlal Nehru
Khalasi Lines
Nagpur
26/29 June 1949
My dear Jawaharlalji,
I thank you for your letter of the 1 3th instant. Shri Kishorlalbhai who returned
today to Wardha from Delhi gave me the gist of his talk with Vallabhbhai about
the proposed visit to Godse. And also why the judiciary should be allowed to deal
with Godse as it thinks best.
As it has never been my intention to do anything that all the three of you may
not like, I have decided to leave Godse’s case in the hands of Destiny. As it is
Destiny that impelled me to write both my letters to Godse.
u, K u n , dly / 0rgiVe me ^° r em ^ arrass nient I must have caused to all of you.
With kindest, regards,
Yours,
Ramdas
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Dr. Rajendra Prasad:
3 1 . From C. Rajagopalachari to Vallabhbhai Patel
Simla
28 June 1949
My dear Vallabhbhai,
You may remember Kishorlalbhai’s letter which he sent to me from Dehra
Dun and my immediate reply thereto of which I sent you a copy.
I propose to see him at Delhi if he should be still there when I return from here
on 30 June and give him the enclosed reply personally rather than send the
communication by post.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
Dehra Dun.
Enclosure:
(Letter from C. Rajagopalachari to Kishorlal Mashruwala)
Simla
June 1949
My dear Kishorlalbhai,
The enclosed paper expresses my present views on the question of capital
punishment. Unless we are able to abolish the death penalty by law at once, it
seems entirely absurd to give the benefit of such abolition, so to say, to one who
has confessed having committed the foulest murder of our times and who docs
not show the least sign of repentance and claims still to have acted entirely
deliberately and on his own account. This is my reaction to your article but this
will have to be kept as an entirely secret and personal document between you and
me.
Yours sincerely,
C. Rajagopalachari
Shri Kishorlal Mashruwala
C/o the Hon’ble Dr. Rajendra Prasad
New Delhi.
(Mr. Rajagopalachari’s views on capital punishment)
I am not by any means enlarging the scope now given to judges in India to
decide whether to give the death penalty or other alternative punishment in cases
of murder, but differing from a number of my friends lam sorry I do not believe it
„ 259
Correspondence and Select Documents
wouM be weU to abolish the death penally, that is, remove thepossibililyofusing
“ Z teStepltatory ground. It is hot a question of giving up thecreed
*■“«• b ^" d makinB non ' viol T ,h r
S for individual conduct, we could abolish the army or the present system of
preserving peace and order and solely resort to non-violent sanctions whatever
they might be. No one has yet devised a plan of government on that basis. N
can we^fford to make a wholly new experiment in India in ^our present
circumstances. Let us also remember that imprisonment is as much violence as
the death penalty and it would be odd when we have imprisonment for all
offences, we should consider death penalty for brutal murder alone as banned by
the creed of non-violence. If we must retain state violence, then the question is
only one of whether the death penalty may sometimes be used against certain
types of murder. One has only to examine the current records of crime to realise
that some crimes are being committed which call for a severer penalty than any
period of imprisonment. Most murders may be adequately dealt with by long
imprisonment, but I feel that some kinds of murder there are which call for much
severer punishment than any imprisonment that may be awarded.
Very much that has been said against the death penalty is true. But there is no
doubt in my opinion that the presence of the penalty in the laws of the country
does restrain persons in certain cases from going to the limits which in their state
of mind they would otherwise not mind. There are in our human affairs, in the
present state of progress, certain circumstances and situations wherein the taking
of life offers itself as a solution to people in distress and difficulty. It is necessary
that there should be in the law something to act as a deterrent and a counter force
in such cases. If the only sanction is a term of imprisonment, the urge to kill will
have its way.
Imprisonment has lost its terrors and its disgrace. Increasing amenities in
prison life are being rightly provided. These cannot be denied or qualified by any
discriminatory regulations. The urge to kill and solve a difficulty cannot be coped
with by the sanction of imprisonment in all cases. Transportation over the seas
had a certain terror, but it is now abolished in fact and generally known to be no
longer in vogue. To retain the death penalty in the Statute Book and to give large
powers to the judges to give an alternative sentence even in cases of proved
murder m cold blood seems to be the only proper thing to do
If I may put it facetiously but quite truly, we should not give to our friends the
muijdcrers the monopoly of inflicting death sentences whenever Ihey choose
while disabling ourselves from inflicting such a punishment. It must be admitted
for t tiif h aVC 00t b^ en ab .le yet t0 prevent people from killing others for greed and
28-6-1949
260
Dr. Rajendra Prasad:
32. From C. Rajagopalachari to Vallabhbhai Patel
Government House.
/
New Delhi
1 July 1949
My dear Vallabhbhai,
The latest demand that the principle of non-killing should be given effect to in
favour of the murderers of Bapu is from Mavalankar[see enclosure]. Once again
I much regret we did not proceed with the trial of the principal offender without
waiting for the investigation and trial of those involvedin the conspiracy, when we
found that the principal offender was determined not to assist us in disclosing his
compatriots. People were then [neutral] and no one was inclined to recommend
the abolition of capital punishment with immediate application to Bapu’s
murderers in order that we may glorify Bapu. People have no imagination and do
not see the consequences of their advice based on ill-considered notions of
devotion and loyalty.
1 have not replied to Mavalankar except to say that I do not wish to correspond
on the subject but will see him if he should come to Delhi in the near future.
Yours sincerely,
C. Rajagopalachari
P.S. Kishorlalji had left When I arrived in Delhi. I do not think I should send
any letter by post to him dealing with the subject. I had intended to give my views
in person but it is not now possible.
The HonTde Sardar Vallabhbhai Patel
Dehra Dun.
Enclosure:
(Extract from G.V. Mavalankar’s letter dated 27 June 1949 to
C. Rajagopalachari)
Though I know your views and the limitations of your position, I do not feel
reconciled to the idea that, howsoever much we may abhor him, the murderer of
Bapu should be killed on the gallows. Mine is not merely a sentimental reaction,
though I admit that sentiment has a good deal to do with it.
I feel that capital punishment must be done away with. The state has been
hanging so many people, and yet the incidence of crimes is not getting less. If we
want to progress towards a non-violent society, as visualised by Gandhiji, we
must not proceed with the idea of punishing, but we must gradually so arrange
Correspondence and Select Documents
261
our affairs that the criminals would be treated more and more as objects of reform,
as we may do with the mentally deranged. Capital punishment has been tried so
long. Let us now try the other method.
33. From V. Shankar to Satyanarayan Sinha
Dehra Dun
2 July 1949
My dear Satyanarayan Babu,
1 am sending herewith two copies of extracts of judgment delivered in the
Godse trial on the subject of the alleged acts of omission and commission of the
police during investigation.* H.M. would like these extracts to be circulated with
reference to the discussions in the party meeting on the original comments of the
trying court.
Yours sincerely,
V. Shankar
The Hon’ble Shri Satyanarayan Sinha
Minister of State for Parliamentary Affairs
Council House, New Delhi.
•See enclosures to N.V. Gadgil’s letter to Vallabhbhai Patel dated 26 June 1949.
34. From C. Rajagopalachari to Kishorlal Mashruwala
Government House
New Delhi
2 July 1949
My dear Kishorlalbhai,
1 had hoped I would be able to see you in Delhi on my return from Simla. I do
not think it would be a good thing if 1 discuss through correspondence the
points raised in your draft article and in your letter of 28 June. You have had a
meeting with Sardar and I have no doubt you must have discussed these matters
with him. The article and correspondence in The Statesman and the activities of
Mr. Thatte should not be a reason for you. An article in the Harijan is very
different from these things. I am really sorry that I have not had the advantage of
a personal discussion with you as I am not prepared at this stage to send anything
in writing to friends on this subject
1 am clear in my mind that it would be very undesirable for Ramdas to see the
condemned person unless Ramdas has finally renounced worldly affairs and
262
Dr. Rajendra Prasad:
wishes to be a person entirely devoted to religion, in which case he is free to do
anything.
Yours sincerely,
C. Rajagopalachari
Shri Kishorlal Mashruwala
Bajajwadi, Wardha.
35. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
3 July 1949
My dear Vallabhbhai,
Enclosed copy of a letter from Ramdas to the Prime Minister* may be seen by
you, as it is a satisfactory termination of the matter.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
Dehra Dun.
♦See Ramdas M. Gandhi’s letter to Jawaharlal Nehru, dated 26/29 June 1949.
36. From Vallabhbhai Patel to C. Rajagopalachari
Dehra Dun
4 July 1949
My dear Rajaji,
Thank you for your letter dated 2 July 1949.
2. I had a long talk with Kishorlalji when he was here and conveyed to him
almost identical views as you proposed to do in your note, I told him that no
sensible man would think of abolishing the death penalty in India in the
conditions which prevail today. We have been going through so may mercy
petitions and we ourselves find, with the best will in the world, that in a majority
of cases the death penalty should be sustained. If the death penalty is not to be
abolished, then I could not think of a stronger case for the infliction of the death
penalty than that of Godse. He has committed the worst crime imaginable and as
you said in an earlier letter “he stabbed the heart of India itself”. I endorse your
reply of 2 July which you sent to him. If in spite of all this he feels that he should
263
Correspondence and Select Documents
share his thoughts with the readers of the Harijan, you and I cannot help it.
3. 1 have also received your letter regarding Master Tara Singh’s release.
Nobody is more keen on his release than myself. Indeed it was most distasteful to
me to place him behind the bars, but, he asked for it and from what we know he is
unrepentant and unchanged. I had hoped that after the principal Sikh demand
was met he would be more sober. Giani Kartar Singh* and two of Master Tara Singh’s
lieutenants saw him shortly after this decision was taken. They found him adamant
and unmoved. Recently two other Sikh leaders went and saw him and I enclose
a gist of their interview with him.] The Sikh leaders themselves are apprehensive
lest after his release matters might get worse. He is a fanatic and seems to suffer
from some hallucinations about the coming of Sikh Raj and you will notice that
he even goes to the extent of saying that those who cannot reconcile themselves to
the demands of Sikhs in East Punjab, should clear out. At the same time, I realise
that his detention cannot be permanent. I am watching the situation and you can
rest assured that as soon as I am able to tio so, I shall release him.
Yours sincerely,.
Vallabhbhai Patel
His Excellency Shri Rajagopalachari
Governor-General of India
Government House
New Delhi.
*Akali leader; Minister in East Punjab.
|Not included.
37. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
x/t ^ \r 11 uuuu • 5 July 1949
My dear Vallabhbhai,
I am grateful for your letter [4 July].
I am very glad we are all so completely agreed about the question (Godse).
I hope that any delay in the case of Apte and others on account of their
attempts to get the Privy Council to hear their case will not delay the disposal of
Godse’s case. There can be [no] bar to it on account of any application for leave to
appeal in the other cases.
As regards the other matter (Tara Singh) I had no doubt in my mind. You were
as anxious to release him if possible as anybody else. We have to deal with it to
264
Dr. Rajendra Prasad:
the utmost advantage of the general welfare. You may consider and do as you
deem best.
Yours affectionately,
Raja
The Hon’ble Sardar ValJabhbhai Patel.
38. From Satyanarayan Sinha to all Members of the Constituent Assembly of
India (Legislative)
Council House
New Delhi
16 July 1949
Dear Friend,
During the last session of the Constituent Assembly (Legislative) some
Honourable Members gave notice of questions based on certain remarks
regarding the police made by the learned Special Judge in his judgment in the
Gandhi murder case. As an appeal against this judgment was filed in the High
Court of the East Punjab and the whole matter had become subjudice, these
questions were for the time being not admitted by the Honourable the Speaker.
The High Court of the East Punjab has now delivered its judgment in the case
and has held that the observation of the learned Special Judge in regard to the
action of the police was not warranted by the facts on record. As it will be some
months before the next session of the Legislature is again summoned and there
will, therefore, be no opportunity in the intervening period to make a statement
on the floor of the House, I am to bring to your notice the relevant observations
of the East Punjab High Court, a copy of which is enclosed with this letter.
Yours sincerely,
Satyanarayan Sinha
Enclosure not included.
39. From A.P. Singh to Vallabhbhai Patel
Camp: Patiala House
New Delhi
7 August 1949
My dear Sardaiji,
During my interviews here on 30 July 1949, you were very kind to assure me
Correspondence and Select Documents
265
that you were considering my prayer for transfer of my State to Orissa and will
consult Bihar in that connection. You were also pleased to advise me to see that
the people remain calm and give no quarter to Bihar for taking oppressive
measures and also to see the 11001)16 Dr. Rajendra Prasad. I am trying to see him
and hope to do so as early as will be convenient to him. Again I have wired my
people to remain calm and patient. In the meantime 1 have received a number of
telegrams, copies of which are enclosed herewith, which will show what repressive
measures Bihar has begun simply because the people observed a hartal against
the merger of Seraikella with Bihar. Even the sanctity of temples was violated. I
hope and trust you will kindly order an immediate impartial enquiry and put a
stop to such inhuman oppression. I further hope that you will kindly see that
immediate steps are taken to transfer my State to Orissa.
Yours sincerely,
A.P. Singh
[Ruler of Seraikella]
The Honlde Sardar Vallabhbhai Patel
Deputy Prime Minister of India
New Delhi.
Enclosures not included.
40. From Vallabhbhai Patel to Sri Krishna Sinha
Malabar Hill
Bombay
12 August 1949
My dear Sri Babu,
There has been some agitation about the transfer of Seraikella and
Kharsawan, particularly the former, to Orissa. I have been receiving letters and
telegrams about it and the Ruler of Seraikella has himself seen me. I have told
him that the transfer of Kharsawan to Orissa is out of the question unless Bihar
itself wants to get rid of it. At the same time, I feel that if any genuine grievances
do exist, you should try to remove them. It is no use keeping running sores and
the only effective way to deal with them is to cure them. I do not know exactly
what the position is, but 1 thought I would draw your attention to it so that you
may prevent things from getting out of hand.
The HonT>le Shri Sri Krishna Sinha
Patna.
Yours sincerely,
Vallabhbhai Patel
266
Dr. Rajendra Prasad:
41. From Vallabhbhai Patel to KM. Munshi
Bombay
19 August 1949
My dear Munshi,
I have had some enquiries from Delhi regarding the question of Hindi.
Tandonji has also written to me. From what you told me, I gathered the
impression that everything had been amicably settled and there was no
controversy, but these enquiries and Tandonji’s letter give me a contrary
impression. It is a vital question, in which it is necessary for us to take both a long-
range and practical view of the problem. I know the feeling and strength behind
the many currents and cross-currents in the party on this question. Happily,
however, the range of controversy has been narrowed. I feel that it might be of
some assistance if I gave you, and through you to the party, an indication of my
views on this question. I hope what I state will assist in the solution of this very
important problem.
2. There seems to be a consensus of opinion as to the place of Hindi in
Devanagari script. It will, and must, be the national or official language of India.
Once we accept this basic fact, from which I see no escape, everything that
follows must fit in with that fact. We cannot have any incongruity or
inconsistency on this issue in the Constitution. Even where we have to depart
from the logical consequences of this decision because of practical difficulties, we
must not ignore that basic fact. To act otherwise would be bringing into ridicule
one of the basic and fundamental articles of the Draft Constitution.
3. In these circumstances, it seems to me quite clear that we must bring about a
state of affairs which would permit the attainment by H indi of its due position as
official language in the shortest time possible. The time factor is undoubtedly
important in order that the old order of things can be adapted to this new fact. I,
however, feel that ten years should be an adequate period, in which things may be
moved to a complete change at the end of it. In other words, at the end of ten
years’ period, English should be replaced completely by Hindi. This would
necessitate a recognition of two official languages within the ten years’ period,
namely, English and Hindi. I consider it , necessary- because we cannot have a
paper official language as Hindi and an effective official language as English. The
best course, consistent with our dignity as well as our sense of responsibility,
would, therefore, be to face the facts squarely and to recognise a bilingual period
-of ten years as being forced on us by history and existing circumstances. At the
same time, we cannot leave things to develop on their own. The Government will
owe to the Constituent Assembly which has framed the Constitution as well as to
the people on whose behalf the Constitution will have been framed, to make
every effort to bring about that change within that period and to create
conditions whereby progressively Hindi \vould be taking the place of English. In
other words, Government must, during this period, make such administrative
Correspondence and Select Documents
267
changes from time to time and issue such administrative directives and orders
which would gradually replace English by Hindi. As to what extent, in what
■manner and in what localities and at what speed all this should be done must
obviously be a matter for Government to consider. Any expert advice on this
issue is unlikely to help us. Experts are more dogmatic than helpful. I would,
therefore, suggest that instructions on these points may from time to time issue
from the President, which would of course mean the Dominion Government on
the advice of a committee of the Legislature, elected on the basis of proportional
representation, so that there would be representation of all points of view. This
committee would, of course, be advisory in character, because Government must
be free to determine its attitude in the light of practical considerations. But I have
no doubt that Government would, in an overwhelming measure, be guided by the
advice of this committee.
4. From what I have said above, it follows that we must have Hindi in
Devanagari script as the official language. There can be no question of a hybrid
language, such as suggested in some quarters which have recommended Arabic
numerals in place of Hindi numerals. In any case, recognition of English as
official language in the first ten years amply meets the points and difficulties of
our friends from the South.
5. To sum up, therefore, I would suggest to the party for consideration the
following propositions:
(a) Hindi in Devanagari script (both letters and numerals) should be recognised
as the national or official language.
(b) Government must make every effort to ensure that Hindi attains its due
position as official language as soon as practicable.
(c) With a view to realising (b) above, Government would take such
administrative measures as may be necessary, progressively to replace
English by Hindi at the end of ten years.
(d) During this period of ten years, both Hindi and English shall be recognised
as official languages, but the extent to which each could be used to the
exclusion of, or in conjunction with, the other should be determined by the
President on the advice of a committee of the Legislature elected on
proportional representation.
Y ours sincerely,
Vallabhbhai Patel
Shri K.M. Munshi
2 Windsor Place
New Delhi.
268
Dr. Rajendra Prasad:
42. From S.N. Mehta to V.P. Menon
Chief Minister’s Office
Rewa, Vindhya Pradesh
22 August 1949
Dear Mr. Menon,
I have just received your letter of 17 August 1949, enclosing copies of a
letter from Dr. Rajendra Prasad and of your reply to it. The information given
by Honourable Rafi Ahmed Kidwai to Dr. Prasad is misleading. I
do not remember to have seen a copy of his letter to the States Ministry. Cases of
criminal breach of trust under section 409 1.P.C. against Sardar Narmada Prasad
Singh were not registered on that letter but on regular complaints received from
other sources and on the charge-sheets drawn up against Sardar Narmada
Prasad Singh. Investigation showed that some important incriminating
Government files which used to be in the personal custody of Sardar Narmada
Prasad Singh had been retained by him. Some searches were made in order to
obtain possession of those files and other documents. It is reported that some
relevant papers have been found.
2. Ever since these criminal cases were registered, Sardar Narmada Prasad
Singh has been busy trying to cloud the issues in order, obviously, to escape the
consequences of his actions. He has been sending false reports to Hon’ble Prime
Minister and Deputy Prime Minister with copies to Hon’ble Rafi Ahmed Kidwai
and Purushottamdas Tandon. His paid agents in Rewa and other places have
also been doing the same. Hon’ble Rafi Ahmed complained to Hon’ble Pandit
Ravishankar Shukla, Premier of C.P., at Delhi the other day that we were
‘concocting’ cases against Narmada Prasad Singh, without ascertaining the facts
of the case. His present complaint to Dr. Rajendra Prasad is another instance of
the same kind.
Yours sincerely,
S.N. Mehta
Shri V.P. Menon, C.S.I., C.I.E.
Adviser to Government of India
Ministry of States
New Delhi.
43. From Jawaharlal Nehru to Vallabhbhai Patel
New Delhi
11 September 1949
My dear Vallabhbhai,
For the last two or three days there has been a greatdeal of talk about the
Correspondence and Select Documents
269
Presidentship. 1 felt that something had to be done to avoid subsequent contest
and conflicts. I decided therefore to write to Rajendra Babu and I wrote to him
yesterday in my own handwriting. As I have no copy of this letter, I shall indicate
from memory what I wrote.
I wrote that I had heard some talk about the Presidentship and Rajendra
Babu’s name had been mentioned. We were all agreed that it would be most
unfortunate for any kind of a contest to take place between Rajaji and Rajendra
Babu. I felt that having regard to all the circumstances, perhaps it might be
desirable for Rajaji to function as President for the interim period, as this would
involve the least change or difficulty. Of course I said that there could be no
question that Rajendra Babu’s choice as President could be an excellent one. But
it seems simpler and more feasible for Rajaji to continue at this stage. I mentioned
that you were in general agreement with me.
Tonight I have received Rajendra Babu’s reply. I enclose a copy of it.* Also a
copy of my reply to him.|
This morning I went to a meeting of the Drafting Committee. Satyanarayan
was there and he said that he had spoken to you on the telephone and that you
had suggested the postponement of the transitional clause in the Constitution
dealing with the election. I agreed that the matter should be postponed, but the
clause as framed merely laid down that the Assembly should elect the President.
There was no harm in that clause being passed and the personal question not
being raised at this stage. This could be done later when you were here. I had not
then received Rajendra Babu’s reply.
This is the position. I must say that I have been greatly surprised at the content
and tone of Rajendra Babu’s letter. It is for you to deal with the situation now. I
shall not mention it to anyone here. I did tell Satyanarayan however that I had
written to Rajendra Babu on the subject, though I did not tell him in any
detail.
Yours,
Jawaharlal
The 11001)16 Sardar Vallabhbhai Patel.
•See enclosure to Dr. Rajendra Prasad's letter to Vallabhbhai Patel, dated 1 1 September 1949, in
Correspondence— Part 1.
tSce Jawaharlal Nehru’s letter to Dr. Rajendra Prasad, dated 11 September 1949, in
Correspondence— Part I.
270
Dr. Rajendra Prasad:
44. From Jawaharlal Nehru to Vallabhbhai Patel
New Delhi
14 September 1949
My dear Vallabhbhai,
I enclose further copies of correspondence with Rajendra Babu.
Yours,
Jawaharlal
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
Enclosure 1:
(Copy of Dr. Rajendra Prasad’s letter to Jawaharlal Nehru)
1 Queen Victoria Road
New Delhi
14 September 1949
My dear Jawaharlalji,
Please excuse me for the delay in acknowledging your letter of I Ith* which I
got on the 12th. It has been due to the very taxing work of the Assembly and my
own rather weak health which prevents work at night.
I am very sorry for the pain and distress that has been caused by my letter. I beg
you to bear with me as I explain how the impression which impressed itself in the
letter was formed. It was the result of a sequence of events and your letter read in
their context.
My attention to the question of the Presidentship was prominently drawn for
the first time when I got a message communicated to me through Satyanarayan
Babu from Vallabhbhai who was then at Dehra Dun. It was to the effect. that
something had been published in the Blitz about contest between Rajaji and me
and that I should contradict it. Without a moment’s hesitation I agreed to issue
the contradiction. It so happened that on the same day there was a party in
Government House and Rajaji also mentioned the matter and further told me
that in some Hindi paper of Jaipur with which HiralalShastri was associated had
also published something to the same effect. I told him that I had received a
message from Vallabhbhai and although I had not seen the Blitz I was going to issue a
contradiction and that I would write to Hiralal Shastri also. He advised me that it
would be better to show the statement to you before issuing it. I showed you the
statement accordingly and sent a copy of it to Rajaji with a note that it had your
approval. He wrote in reply and also told me on the phone that it had his
Correspondence and Select Documents
271
approval. The statement was thereafter issued. I had not seen the Blitz and
therefore my statement was in general terms. Later when I saw the Blitz I found
that it contained very disparaging allegations against Rajaji suggesting that he
was manoeuvring to get elected and also said that you and Vallabhbhai were
supporting him. Regarding me it said that I would be set aside on the ground of
my health. If I had seen the Blitz paper before I issued my statement, it would
have been differently framed. As it was, there was no allegation against me which
needed contradiction from me and there were serious allegations against our
topmost man. After seeing the Blitz I drew the attention of Vallabhbhai to this
aspect. He was pleased with my statement and was glad that I had accepted his
advice. This happened, I believe, in June last when Vallabhbhai was at Dehra
Dun.
After the publication of my statement, some members of the Assembly and
some others saw me and inquired what the occasion for the statement was and
why I should not fulfil the wishes of a large number of persons if they wanted me
to become the President. I told them that I had done the right thing, that there
should be and could be no contest between Rajaji and myself, that I had never
wanted any position or honour and that they need not interest themselves in the
matter arid should leave it for the decision of others whose responsibility it was.
Nothing further happened except that on more than one occasion other people
said the same thing and got the same reply.
You paid a visit to Bombay especially to discuss important questions with
Vallabhbhai and soon after your return I got your letter. It started with
impressing the need for clearing our minds regarding the person to be put
forward, the undesirability of a contest between top ranking Congressmen, and
the rumours in the Press which persisted in spite of my contradiction and
mentioned that something like canvassing was going on among members of the
Constituent Assembly. You then proceeded to say that you had discussed the
matter with Vallabhbhai and that both of you felt that Rajaji should continue for
some reasons which you mentioned. You ended with the expression of a hope
that I would agree with what you and Vallabhbhai felt., ;viz., 'that Rajaji’s name
should be put forward and suggested that it would be fitting that I should put
forward his name.
The effect of the letter and the sequence of events whose context it was, I
thought, written, on my mind was that you had not accepted my public statement
as genuine, and that perhaps I could stop the canvassing that was going on and
that with a view to ending it you and Vallabhbhai had discussed and come to the
decision that Rajaji’s name should be put forward and that I should fall in line with
that and it would be graceful for me to suggest Rajaji’s name. I felt hurt that if you
had any doubt in your mind that I would be a contestant you could have inquired
of me and it would not have been necessary for you to weigh Rajaji and me in
scales and find in favour of Rajaji, not because I did not look upon him with
respect and even affection and that he should not be preferred if I cared to
contest, but that I should be judged when there was no occasion for it. I have laid
272
Dr. Rajendra Prasad:
bare the inner working of my mind and desire to say no more than accept every
word of what you write in your letter under reply and offer you my sheerest
apologies for the pain caused by that.
Yours sincerely,
Rajendra Prasad
The Hon’ble Pandit Jawaharlal Nehru.
*See Jawaharlal’s letter to Dr. Rajendra Prasad, dated 11 September 1949, in Correspondence-
Part I,
Enclosure 2:
(Copy of Jawaharlal Nehru’s letter to Dr. Rajendra Prasad)
New Delhi
14 September 1949
My dear Rajendra Babu,
Thank you for your letter of 14 September. I am grateful for what you have
written.
When I went to Bombay to see Vallabhbhai, as far as I can remember, your
name was not mentioned between us. Certainly this matter was not discussed. I
remember of course your speaking to me about this some months ago, showing
me your draft statement. It was about that time that I had some talk with
Vallabhbhai. I wrote to you this time, because Satyanarayan and others came to
me and said that there was a good deal of talk going on in the party. Also that the
very next day the Drafting Committee was considering this matter. My letter was
entirely an effort of my own and I do not even exactly remember what I wrote, as
I kept no copy. So far as Rajaji is concerned, I have not discussed this matter at
all with him in any way.
Yours sincerely,
Jawaharlal Nehru
Dr. Rajendra Prasad
New Delhi.
Copy to the Hon’ble Sardar Vallabhbhai Patel, New Delhi.
45. From Jawaharlal Nehru to Vallabhbhai Patel
New Delhi
15 September 1949
My dear Vallabhbhai,
During these last few days, we have had to face any number of difficulties and
troubles. I have not written much to you or telephoned to you, partly because I
Correspondence and Select Documents
273
have had little time to do either, but chiefly because I do not wish to trouble you
unnecessarily. I know that you have a bad habit of worrying. I do not want to add
to your worries. I knew of course that you were Kept in touch with events here by
Satyanarayan and others.
The language issue was solved ultimately more or less satisfactorily. We have
got over the question of the name of the country also. We postponed today the
consideration of the transitional provisions, which would have involved the
choice of the President of the Republic. Y ou will have to face this issue during the
October session and I shall not be here. I believe Rajendra Babu intends fixing 7
October for the session. I have suggested that a party meeting might be held on 4
or 5 October at which I could be present. But it really does not matter. Y ou will be
here and the burden will be upon you to pilot these last stages of the Constitution
Act.
I have been rather worried over this question of our President. You must have
read my correspondence with Rajendra Babu. I had not spoken to Rajaji at all.
But when I learnt that there was a good deal of talk and canvassing going on for
Rajendra Babu and there was even a possibility of some decision this evening at
the party meeting, I decided to speak to Rajaji and put him in touch with
developments.
I am told that very active and vigorous canvassing has taken place on this
subject and there is a large majority who favour Rajendra Babu. The Biharis of
course are in it, the Andhras, a good number of the Tamils. Then generally the
protagonists of Hindi favour Rajendra Babu. 1 was a little surprised to learn that
Syama Prasad Mookerjee also favours him.
This is not merely a question of favouring Rajendra Babu, but rather of
deliberately keeping Rajaji out. One of the most active agents in this business is
Goenka.
I did not tell Rajaji all this, but gave him some rather vague ideas of how events
were developing. He said to me that he would rather be out of the picture and that
he was somewhat tired of it all. I told him that so far as I was concerned, I wanted
him to continue, quite apart from personal reasons, because I thought it was
important that a man like him should be there.
My U .S. programme goes on lengthening itself and I find that it will hardly be
possible for me to come back to India before 1 4 N ovember. The third reading for
the Constitution Bill, it is suggested, should be from 7 November onwards. If
possible I should have liked it to be a week later. But I do not want to upset all
arrangements. If this third reading begins on the 14th (Monday), then
Parliament can hardly meet much before 28 November. I do not know if there
will be enough time for it before Christmas.
The final reply to the U.N. Commission was given today. We made some
changes according to your suggestions. Tonight I had the U.N. people to dinner
here. I understand that they intend going to Geneva within two weeks or so. This
is the end of one chapter. Probably they will spend three weeks or more in Geneva
and then go to Lake Success.
274
Dr. Rajendra Prasad:
I am going to the Punjab for three days on Saturday morning, returning on
Monday night.
I hope your health continues to improve.
Yours,
Jawaharlal
The HonTde Sardar Vallabhbhai Patel
New Delhi.
46. From Vallabhbhai Patel to Jawaharlal Nehru
Bombay 6
21 September 1949
My dear Jawaharlal,
Thank you for your letter of 15 September 1949.
2. 1 am sorry that you should be having to face these difficulties and troubles
while I am away here. I feel so unhappy about it and sometimes curse my own
helplessness. However, I am now returning to Delhi on the 25th and hope to share
with you your burdens.
3. I am glad that the language controversy has been solved so satisfactorily
and that the choice of the name of the country has not also presented any serious
difficulty. I understand that a meeting of the Congress Party has been called on 5
October.
4. As regards the question of President of the Union, I have had a letter from
Rajen Babu which is somewhat reassuring. At the same time, as you say, a large
majority seems opposed to Rajaji. As you say, Goenka is in it. You know what his
relations are with Rajaji and what sort of a man he is. He has been an agent of
discontent for some time in the party, although judging from the allegations
made against him in connection with the charges made against Madras
Ministers, it is quite clear that he is not in a position to point an accusing finger at
others. His latest game now is to bring even my name in and to suggest that if I
could be persuaded to take up this position, he would withdrawhis opposition to
Rajaji. I find that this has been canvassed in the Press also. I do not know when
our people, particularly the Press lords and the Press, will learn to behave with a
sense of responsibility and to maintain the dignity of at least the higher offices.
Instead, it seems that no person or position is sacred for them. The most
unfortunate part of it is that people are associating Gopalaswami Ayyangar’s
name with this agitation and are pointing to the relations between him and
Goenka, How far there is any truth in this, you can judge for yourself. But the
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Correspondence and Select Documents
whole atmosphere stinks in my nostrils and I wonder to what depths of intrigues
and manoeuvrings we have lowered ourselves.
5. The position, therefore, is undoubtedly very complicated. Your
correspondence with Rajen Babu has shown that the matters have to be dealt
with very tactfully and cautiously. In a way, the situation is rather baffling, but I
do hope that the spirit of accommodation and self-denial which has guided us in
the past will come to our rescue and we may see some light. We can talk about it
when I fetum.
6. Your visit to the U.K. and the U.S.A. comes at a very crucial time in our
history. Both economically and politically, we are faced with problems in which
international help and cooperation would definitely be an asset to us. It is my
earnest prayer that your visit may secure us this asset. The devaluation of the
pound accompanied by the non-devaluation of the Pakistan rupee, has made
matters even worse. It has accentuated both the urgency and the immensity of the
problems. Never before was there a greater need for a definiteness of policy and
clarity of our objectives. I suggest that, before you go, we have an exhaustive
exchange of ideas on this and shape our course accordingly. We must, in the next
few months, go all out for complete recovery.
7. I am somewhat worried over the evacuee property problems. My
information shows that the Pakistan Government are going to cast their net even
wider and it is possible that they may define evacuees virtually to include every
person who is a national or permanent resident of India and may cover even our
public and private companies. This would be disastrous to the interests of non-
Muslims in Pakistan and is bound to produce very bitter reactions not only
amongst our refugees, but also in the general public. It might also have an
adverse effect on communal relations.
8.1am leaving Bombay on the 24th morning for Ahmedabad. I want to see my
old friend Dr. Kanuga at Ahmedabad. He has been ailing for a long time and is
merely counting his days. I shall be leaving Ahmedabad for Delhi on the 25th
morning reaching Willingdon aerodrome at about 10.50 a.m. You will probably
be in Srinagar that day, but we can meet and discuss our problems sometime on
the 26th.
9. There has been general improvement in my health since you saw me last,
but lately there were two or three attacks of cold; whether on account of the
change in the climatic condition or as a reaction to some mercury injections,
which have been prescribed, is not definite. That has not, however, affected the
improvement in the general condition.
Yours sincerely,
Vallabhbhai Patel
The Hon’ble Pandit Jawaharlal Nehru
New Delhi.
276
Dr. Rajendra Prasad:
47. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
24 September 1949
My dear Vallabhbhai,
Here is a learned letter from the President, Assam Provincial Congress
Committee, which concerns your Ministry!
Jamnalalji’s son-in-law, Shri Sriman Narayan Agarwal, and his wife, Madalsa,
saw me yesterday on their return from America. I have received a letter from him
from America wherein he had written in the same strain as the President of the
Assam Provincial Congress Committee and that universal opinion among those
whom he met in America was in favour of respecting Bapu’s teachings by
clemency to his murderer— who murdered him for those very doctrines. I spoke
to Sriman Narayan and Madalsa when I saw them here yesterday. I could see that
the girl was quite convinced that their proposal was wrong. The husband also
agreed but perhaps without conviction!
Yours sincerely,
C. Rajagopalachari
The Hon Tile Sardar Vallabhbhai Patel
New Delhi.
Enclosure:
(Letter from Debeswar Sharma to C. Rajagopalachari)
Jorhat, Assam
20 September 1949
Sraddheya Shri Rajagopalachari,
I seek this opportunity of begging you to exercise your prerogative of mercy
and to save the murderers of Bapuji from the gallows, because I feel it from the
bottom of my heart, as also perhaps millions of persons not only in India but all
over the world, that if Bapuji [had] survived the attack he would undoubtedly
[have] requested the authorities to excuse and release the assailants. Let us please
recall the conduct of Bapuji after the Arabs assaulted him murderously when he
arranged to take out the certificate of registration of 10 February 1908, in South
Africa.
I need hardly add any argument in support of my request. I have a feeling that
what I am writing is already in your mind, as one so long and closely associated
with Bapuji could not have missed this aspect of the most tragic incident,
profoundly feel that we as a nation will prove unworthy followers of Mahatma
Gandhi if we take the life of Godse and Apte in retaliation under the fetish o a
Correspondence and Select Documents .
section of the Penal Code, because such action would be contrary to the lifelong
preachings and practice of the Father of the Nation.
I am not unaware of the pending appeal, but one does not expect the verdict to
be altered by the higher Tribunal.
With best wishes and regards, I am,
Sincerely yours,
Debeswar Sarmah*
•Chief Whip of Congress Party in Assam Legislative Assembly; Dominion Agent in Manipur State.
48. From Vallabhbhai Patel to C. Rajagopalachari
New Delhi
27 September 1949
My dear Rajaji,
Thank you for your letter of 24 September 1949.
The President of the Assam Provincial Congress Committee also happens to
be a member of the Working Committee. That completes our ‘discomfiture’.
Sometimes I begin to wonder why so many of us display signs of a complete lack
of sense of proportion. When persons so highly placed can indulge in such
nonsense, we can well imagine why our things are in a mess.
Yours sincerely, ■
Vallabhbhai Patel
His Excellency Shri C. Rajagopalachari
New Delhi.
49. From Sri Krishna Sinha to Vallabhbhai Patel
Patna
15 October 1949
My dear Sardar Sahib,
I am grateful to you for your letter dated 16 September regarding Seraikella
and Kharsawan. As I said in my letter of 19 August, I am committed to give full
protection to the language and culture of the Oriya-speaking population in the
States of Seraikella and Kharsawan, and I have taken steps to ensure that they
have no reasonable cause for any grievance on this account. I may perhaps repeat
278
Dr. Rajendra Prasad:
some of the facts concerning these two States for your information. All the
schools in which instruction used to be given through the medium of Oriya under
the Rulers, or during the period when the States were administered by Orissa,
have been continued with Oriya as a medium of instruction, and their teachers
have been given much higher salaries and allowances. A number of additional
primary schools with Oriya as the medium of instruction have also been opened
by us. In no school has the Oriya language been replaced by Hindi. Oriya
students have been given special facilities for higher studies either by relaxation
of standards for admission in colleges or by awarding suitable scholarships in
deserving cases. A boy of an Oriya family, which is definitely known to be helping
the agitation started by the Raja of Seraikella, has been awarded a stipend for
postgraduate studies at Allahabad University. Another Oriya student who
possesses third class qualifications has been admitted into our Medical College
where Bihari boys of much higher merit and calibre could not get admission.
Oriya has never been the court language in any part of the district of Singhbhum,
of which Seraikella and Kharsawan States now form a subdivision; but we have
made special provision for the States of Seraikella and Kharsawan where
petitions and plaints in Oriya continue to be received. Oriya members have been
given more than adequate representation in the Advisory Councils which were
formed to associate the local people with the administration of the two
States.
2. The Oriya-speaking population in general has no grievance against our
administration. As a matter of fact, a representative deputation of Oriyas waited
on Shri Bishwanath Das* at Seraikella during his recent visit to that State and
told him in unequivocal terms that they were perfectly satisfied with our
administrative arrangements under which Government had not only given
adequate protection to their language and culture, but had also undertaken a
number of development and welfare schemes. It is only a handful of Oriyas who,
at the instance of the Raja of Seraikella, are carrying on this agitation and arc
making all kinds of false and mischievous allegations against our Government.!
explained to you the reasons for this agitation in my previous letter. Mahtab has
also written to me that it is the Opposition in the Orissa Assembly led by the Raja
of Kanika which is using this agitation as a plank for the next election
campaign.
3. I did not wish to worry you with a long letter in your present state of health
but I feel that I should tell you something, though very briefly, about the recent
visit of Shri Bishwanath Das to Seraikella. Shri Bishwanath Das expressed a
wish to Krishnaballabh Babu that he would like logo to Seraikella with Pandit
Prajapati Misra to study the situation for himself. A joint tour was accordingly
arranged and Shri Bishwanath Das and Pandit Prajapati Misra went to
Seraikella on 17 September. We thought that Shri Bishwanath Das would have
due regard for the advice which you gave him in your letter of 23 August, and he
would not do anything that would help the agitation started by the Raja of
Seraikella. But I am sorry to tell you that Shri Bishwanath Das used our
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Correspondence and Select Documents
hospitality to give a stimulus to the agitation which was dying out. He spent four
hours in the palace where, it is said, plans were made for intensifying the
agitation. A branch of the Utkal Provincial Congress Committee was established
overnight at Seraikella and Shri Bishwanath Das performed the formal opening
ceremony in spite of vigorous protests from Singhbhum Congressmen. The
Singhbhum District Congress Committee arranged for a public meeting on the
17th which was addressed by both Shri Bishwanath Das and Pandit Prajapati
Misra. While asking the people of the States of Seraikella and Kharsawan to
remain calm and peaceful, Shri Bishwanath Das told them that the question
whether Seraikella and Kharsawan should be merged with Bihar or with Orissa
was being settled by him in consultation with leaders. Pandit Prajapati Misra
repudiated this suggestion and said that a decision had been taken by yourself to
merge the States with Bihar, and it was not proper or right for any Congress
Committee to agitate to undo that decision. The fact that Shri Bishwanath Das
had held a private meeting in the palace and the fact that he was not prepared to
accept your decision to merge the States with Bihar as final caused serious
resentment amongst the people of the two States, including a large number of
Oriyas and this led to some tension on 18 September. Shri Bishwanath Das
expressed a wish to address a separate public meetingbut on the advice of Pandit
Prajapati Misra he agreed not to do so. He however stayed on in Seraikella after
Pandit Misra had left and addressed a public meeting which was arranged by the
Raja’s party in utter disregard of the understanding which had been arrived at
between him and Pandit Misra. The meeting was held without the permission of
the Deputy Commissioner which was necessary under the law. I am told that the
Oriyas were openly agitated at thi? meeting to cany on the agitation for
amalgamation of the States with Orissa.
4. You may perhaps be interested to know that in spite of so many allegations
of suppression of the Oriya language and culture and victimisation of Oriyas,
Shri Bishwanath Das had only one message for me, after his visit to Seraikella.
He did not like our policy of admitting Adibasi boys in the Seraikella H.E.
School, which had so far been the close preserve of Oriya students and he has
asked me to do something to remove this “grievance” of the Oriyas. I need hardly
tell you that Government schools, all over the Province, are open to all students
without any regard for race, caste or creed and we could not possibly refuse to
admit Adibasi boys in the H.E. School at Seraikella only because they were
Adibasis.
5. Congressmen in Bihar are much exercised over this conduct of the
President of a neighbouring Provincial Congress Committee and I' should be
grateful to have your advice as to how we are to deal with persons like Shri
Bishwanath Das who come into this Province to foment Provincial feeling and
hold meetings in contravention of the law. For my part I shall sincerely act up to
the advice you have given me in your letter under reply, and shall be glad to have
any suggestions which you may wish to make regarding the administration of
Seraikella and Kharsawan.
280
Dr. Rajendra Prasad:
_ 6 - In the end I must express the gratefulness of the Province of Bihar for your
firm decision to merge Seraikella and Kharsawan with Bihar.
Yours sincerely,
S.K. Sinha
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
♦Premier of Orissa, 1937-39; Congress member of C.A.; later Governor of U.P.; Chief Minister of
Orissa, 1971.
50. From Vallabhbhai Patel to Sri Krishna Sinha
New Delhi
24 October 1949
My dear Sri Babu,
Thank you for your letter dated 15 October 1949, regarding Seraikella and
Kharsawan.
I am very glad to note that you have approached the question in the proper
spirit. All that I can suggest to you is that you must solve the minority problem in
your Province, such as Oriyas and Bengalis, in a spirit of goodwill and with
generosity. What is necessary is not only that there is this spirit at the top but that
even the subordinate officers are imbued with this spirit. Very often we find that,
while the Ministers have a generous heart and the proper approach to the
problem, the subordinate officials, particularly officials on the spot, are so much
filled with provincial spirit that in their day-to-day administration they
unnecessarily create irritation and bitterness. After all 95 per cent of the life of the
local population is spent in dealing with the local administration. I hope,
therefore, that you will instruct the officers concerned to behave in the spirit
which I have mentioned above. As regards the details, I leave it to you to translate
your policy in action.
You need not be much worried about the activities of Shri Biswanath Das; so
long as they have no discontent to exploit, they will gradually make themselves
ineffective. I have already written to him and, when he comes here next time, I
may have something to say to him.
Menon has already written to you in detail about some of the complaints
which have reached us and which might require your attention. I have nothing
else to suggest just now.
Yours sincerely,
Vallabhbhai Patel
The Hon’ble Shri Sri Krishna Sinha
Patna.
Correspondence and Select Documents
5 1 From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
24 October 1949
My dear Vallabhbhai,
1 am sending you the enclosed draft in pursuance of our talk this morning.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
Enclosure:
(Draft)
The question of clemency in this case (Godse) and in that of Apte was
considered by me and the Governor-General after the judgment of the High
Court had been delivered and before the petitions for leave to appeal to the Privy
Council were filed. Now that the Privy Council have disposed of the cases finally
and petitions for clemency having been received purporting to be signed by the
near relatives of the two condemned prisoners and from Apte, it is necessary once
again to consider if we may extend any clemency in these cases. On the merits all
the courts have gone into the evidence very fully and carefully and there is
nothing more to be said on the subject. The murder is certainly the most
disgraceful and treasonable crime that has been committed in recent times. The
whole world was shocked by it. The two prisoners have not during the trial or
subsequently expressed the least sign of regret or repentance although by age and
education they were quite fitted to realise the enormity of their crime. Some sort
of repentance has come from Apte but it seems a belated and most inadequate
attempt to atone for his crime. There is no desire or offer to make a clean breast of
the case. Had there been any genuine attempt to delink himself from the past,
there should have been a full and frank confession. We would not be prepared to
attach any value to such repentance. There can therefore be no question but that
the law must take its course in both these cases.
282
Dr. Ruj ndra Prasad:
52. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
24 October 1949
My dear Vallabhbhai,
I suggest the enclosed may be added to the draft already sent.
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel
New Delhi.
Enclosure:
It is suggested in some quarters that as Gandhiji favoured the abolition of
capital punishment we ought to extend clemency to those who murdered him.
We have not abolished the death penalty and those on whom the responsibility of
government is placed cannot make a distinction and treat more favourably those
who have chosen to kill the best among us while ordering the execution of the
death penalty in so many other cases.
53. From J.N. Prasad to Chakradhar Sharan
GOVERNMENT OF BIHAR
(LOCAL SELF-GOVERNMENT DEPARTMENT)
No. 16573 L.S.G.
Patna
The 4th November 1949
Sir,
In continuation of this Department’s letter No. 16051 L.S.G. , dated the 18th
October 1949, 1 am directed to enclose herewith a brief note on “Union Boards
versus Gram Panchayats” together with a Hindi edition of the Bihar Panchayat
Dr. Rajendra Prasad presenting to Purushottamdas Tandon (extreme left) a commemoration
volume on him; sitting second from right is Seth Govind Das
283
Correspondence and Select Documents
Raj Act, 1947, and the rules framed thereunder * No copy of the Act m English is
available at present. Yours faithfulIy>
J.N. Prasad
Under Secretary to Government
Shri Chakradhar. Sharan
1 Queen Victoria Road
New Delhi.
♦Not included.
Enclosure:
(Note on the Union Boards versus Gram Panchayats)
Union Boards established in Bihar under the B. & O. Village Administration
Act, 1922, aimed at development of self-government in rural areas. The Act was
on Bengal model and the scheme of enforcement of its provisions was also similar
to that Province. It was divided into three main parts so far as the functions were
concerned. Part III dealt with the administration of village police, Part IV with
village uplift programme and Part V with village judiciary. It was optional for the
Provincial Government to enforce the Act in whole or in part, with the result that
in practice only a few places could exercise all the powers under the Act. The
number of villages brought within [a] union varied from 10 to 25. The smaller
unions had only one panchayat of the village court while the larger ones were
divided into two.panchayati circles.
2. The scheme showed bright prospects in the beginning but gradually
enthusiasm of the people began to decline and in course of time they became
veritable grounds of quarrel between petty village factions. Because of dual
control of the village police by the Union Boards as well as the Police
Department, all the vices of dual government set in and there were numerous
occasions when the Union Boards and the police developed serious conflicts. The
levy of union tax meant for financing the village development schemes including
village sanitation and conservancy was also optional and as such most of the
Union Boards evaded their impositionaltogetherand thus powers underPart IV
became practically a nullity. Due to growth of party factions, the members of a
panchayat or the village court could not impart real justice with the result that
villagers lost their confidence in them. A large number of Union Boards were
found in moribund condition and the Government had no option but to abolish
them. About 200 of them are still taking their last breath with a regular cry from
most of them for conversion into Gram Panchayats.
3. I have described some of the inherent defects of the Village Administration
Act above. In practice, Union Boards were a mere scratch on the surface of rural
284
Dr. Rajendra Prasad:
self-government and as they did not go deep down, they had to fail ultimately.
With the advent of the first Congress Ministry in 1937, an attempt was made to
enact a suitable lagislation for developingthe countryside. A retired officer of the
Bengal Provincial Civil Service, one Mr. Deb, was invited to prepare a draft and
he actually did prepare one. On examination, however, it was found to be too
unwieldy to work in the villages and, after the resignation of Congress Ministry,
all efforts in the direction of village self-government came to a standstill. In 1946,
when the Congress again came in power, the Bihar Panchayat Raj Bill was
presented before the Legislative Assembly after mature deliberation and it
became an Act in December 1947.
4. The Bihar Panchayat Raj Act, 1947, aims at establishment of Panchayat Raj
in the villages of the Province which in essence means thorough democratisation of
the villages through village self-government. On the model of ancient village
republics in this country it tends to revive self-sufficiency and self-government in
all the branches of village-life by teaching them self-dependence and self-help. Its
basis is the ancient panchayati and democratic culture of this country renovated
by the ideas of Gandhiji on panchayati or Ram Rajya in the villages and its one
aim is the spot solution of all the present-day difficulties of the countryside,
5. Unlike the B. & O. Village Administration Act, the Bihar Panchayat Raj
Act aims to create real self-governing units in villages with full deliberative,
executive and judicial powers. It cuts at the root of dual government by severing
all connections with the existing village police and having instead a statutory
force of its own for policing the Gram Panchayats. Instead of bringing together a
number of conflicting villages within [a] union as in the former Act, the Bihar
Panchayat Raj Act takes ancient village as a unit for the exercise of all the powers
of the Gram Panchayat. Due stress has been laid on the execution of
development programmes rather than on the exercise of the judicial powers.
Gram Panchayat is the name of the deliberative body or the Village Parliament
consisting of all the adults residing within its jurisdiction. The ancient name of
Mukhia has been given to the executive head of the Panchayat who will be
elected by direct adult vote on the model of American President and he has been
similarly empowered to appoint the members of his Executive Committee
according to the prescribed rules. This direct election of the executive head aims
at creation of a strong executive for killing party factions in villages and reduces
the evils of election to the minimum. Presumption is that if a Panchayat is able to
pick out a really capable man for filling the office of Mukhia, we shall have gone a
long way in solving our present evils in villages. Adequate powers have been
given to the Mukhia and the Executive Committee for effecting all-round
development in the fields of sanitation, public health, medicine, education,
agriculture, village industries and other development schemes. The Mukhia and
his committee will be aided in administration by the Village Volunteer Force
which really aims at conscripting all able-bodied males within 18 to 30 years of
age. The force will be under the command of a Chief Officer who will be
appointed by the Executive Committee and will be suitably trained at
286
Dr. Rajendra Prasad :
creation of Union Boards under the Village Administration Act. The villages are
at first selected and are brought by means of constant supervision and guidance
to a standard when they are declared fit for notification under the Act so that
when the powers are vested in them they may utilise them usefully and not
become instruments of oppression of the weak by the stronger and richer
elements of the village as was the usual scene in the Union Boards.
54. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
6 November 1949
My dear Vallabhbhai,
Manilal Gandhi supplies an important omission by cable from Durban [see
enclosure].
Yours sincerely,
C. Rajagopalachari
The Hon’ble Sardar Vallabhbhai Patel.
Enclosure:
(A telegram from Manilal Gandhi to C. Rajagopalachari)
Durban
6 November 1949
GOVERNOR-GENERAL
NEW DELHI
REFERENCE MY CABLE APPEALING FOR GODSE’S DISCHARGE DESIRE INCLUDE
NARAYAN APTE WHOSE NAME WAS INADVERTENTLY LEFT OUT
MANILAL GANDHI
55. From Sri Krishna Sinha to Kala Venkata Rao
Patna
8 November 1949
Dear Shri Kala Venkata Rao,
Will you kindly refer to your letter dated the 12th August 1949, with which you
sent to me a copy of a letter from Shri Bishwanath Das, regarding Seraikella and
Kharsawan? I am sorry I could not reply to your letter earlier, as we had, in the
Correspondence and Select Documents
287
meanwhile, received a letter from Shri Bishwanath Das in which he had
expressed a desire to come to Seraikella and study the situation along with Shri
Prajapati Misra, President of the Bihar Provincial Congress Committee. A joint
visit by the Presidents of the two Provincial Congress Committees was arranged
accordingly, and they went to Seraikella on the 1 7th September. 1 expect Misraji
has written to you about his reactions to the visit of Shri Bishwanath Das to
Seraikella. From the reports I have received it appears that Shri Bishwanath Das
availed of the opportunity to prepare plans, in consultation with the Raja of
Seraikella, for reviving the dying agitation for the amalgamation of the two
States with Orissa. At the public meeting which was addressed by both Shri
Bishwanath Das and Pandit Prajapati Misra on the 17th, Shri Bishwanath Das
said that the question of merger of the two States with Bihar or Orissa was not
final and that it was being settled by him in consultation with other leaders. This
was an incitement to the people against the decision of Sardar Patel and the
States Ministry. Shri Prajapati Misra had to repudiate the suggestion openly,
and to ask the people to abide by the decision of Sardar Saheb. He also said that
it was improper and disloyal for any Congressman to work up an agitation
against that decision. Shri Bishwanath Das was not content with this alone. He
organised a branch of the Utkal Provincial Congress Committee at Seraikella
overnight, in spite of the vigorous protests from the Congressmen of Singhbhum,
and performed the opening ceremony of this office on the 18th September. He
also addressed an unauthorised public meeting on the 18th afternoon after the
departure of Misraji from Seraikella in utter disregard of the understanding
arrived at between him and Misraji that he would not address any public
meeting. While addressing the public meeting, he is reported to have advocated
the use of “1942 methods” for securing the merger of the States with Orissa. The
agitation which was started by the Raja of Seraikella sometime ago and which
was dying, was thus given a stimulus by Shri Bishwanath Das. Local
Congressmen are extremely agitated over this conduct of the President of a
neighbouring Provincial Congress in trying to create difficulties for the Congress
workers and a Congress Government of another Province, and I request that the
All India Congress Committee should examine the propriety of Shri Bishwanath
Das’s action and should do the needful as soon as possible.
2. As regards the representation of the members of the Constituent Assembly
representing Orissa, I think it is futile to enter into a discussion of the
circumstances which led the States Ministry to decide upon the merger of
Seraikella and Kharsawan States with Bihar and not with Orissa. These States
have throughout been a part of Bihar. They have been attached to the
Commissioner of Chchotanagpur Division and the Deputy Commissioner of
Singhbhum for their administrative matters. Geographically they are in the
heart of the district of Singhbhum. Ethnologically and culturally they are
integral parts of Chchotanagpur. A majority of the population consists of
Adibasis who have their kith and kin in Bihar. They are opposed to a man to any
idea of merger of the two States with Orissa. Oriyas are in a small minority in the
288
Dr. Rajendra Prasad:
two States and the Oriya-speaking population is just above 20 per cent. The
States Ministry, therefore, could not but take the decision that these two States
should be merged with Bihar.
3. The States were first integrated with Bihar on the 18th May 1948. On the
5th June 1948, I went both to Seraikella and Kharsawan where I was warmly
welcomed by all sections of the people. I gave a public assurance to the Oriyas
that their language and culture would receive all protection from me, and we
have faithfully implemented that solemn assurance. All Oriya schools which
came down from the time of the Rulers have not only been continued, but a
number of additional schools with Oriya as the medium of instruction have been
opened by us. In no school has Oriya been replaced by Hindi. The salaries of
Oriya teachers have been considerably increased. On education alone, we are
now spending over rupees four lakhs as against about Rs.50,000 during the time
of the Rulers. Important public Oriya festivals have been recognised by
Government and grants made for their celebrations. Oriya employees of the
States have been given much better salaries than they were getting. A number of
minor irrigation projects have been completed and many are under progress.
About 4,000 acres of paddy land have been brought under irrigation. There were
no arrangements for drinking water in the two States. A number of wells have
already been sunk and sites for several more have been selected. The people on
the whole are satisfied with the progress made during the short period of about
15 months.
4. I consider that unless the All India Congress Committee takes steps to
liquidate the Utkal Provincial Congress Committee in the district of Singhbhum
and its branch in Seraikella, which was opened on the 18th September 1949 by
Shri Bishwanath Das, the strength and the unity of Congressmen in this part of
the Province are likely to suffer considerably. I hope you will be able to do
something in the matter as soon as possible.
Yours sincerely,
S.K. Sinha
Premier, Bihar
Shri Kala Venkata Rao
General Secretary
All India Congress Committee
7 Jantar Mantar Road
New Delhi.
Copy forwarded to HonTde Dr. Rajendra Prasad for perusal.
S.K. Sinha
Correspondence and Select Documents
56. From C. Rajagopalachari to Vallabhbhai Patel
289
Government House
New Delhi
13 November 1949
My dear Vallabhbhai,
It is strange how people can talk like this [see enclosure].
As long as we keep the army, the police and the prisons and the magistrates
going, we are “killing Gandhi” over and over again and those who talk this way
would see what they mean if we withdrew them.
Yours sincerely,
C. Rajagopalachari
Enclosure:
(A telegram from. Walter Noethiger to C. Rajagopalachari)
Zurich
12 November 1949
HIS HIGHNESS THE GOVERNOR-GENERAL FOR INDIA
NEW DELHI
WITH THE MURDERER INDIA KILL GANDHI ONCE AGAIN THE SPIRIT WITHOUT
USING ANY FORCE THE PEACE IN ALL THE WORLD AND HIMSELF LET US WORK
FOR PEACE IN DEEDS AND ACTIONS
WALTER NOETHIGER
57. From K.P.N. Nair to J. Choudhry
HARIJAN SEVAK SANGH
Jamshedpur
14th November 1949
My dear Choudhryji,
Mr. Madan wishes to be elected to one of the vacancies in the Constituent
(Central) Assembly. He needs no introduction.
The local Harijan Sevak Sangh and the Harijans in particular owe a deep debt
of gratitude and obligation to Mr. Madan. Under his able guidance and
inspiration we have been able to build up a Cooperative Society which has now
got a membership of 953 and working capital of about Rs.80,000 of which Rs.
62,000 is contribution from Harijans alone.
The Harijan Debt Settlement Committee, of which he is a member, is Mr.
Madan’s own original idea, for the development of which I had the good fortune
290
Dr. Rajendra Prasad:
to contribute my humbie mite. It has won the admiration of the local
intelligentsia and the money-lenders and Harijans as well as those who came to
know about it. We have been able to settle so far claims against the Harijans in
the neighbourhood of Rs.60,000 with a payment of not more than Rs.27,000. We
have yet to cover a long distance before we realise our dreams. Mr. Madan can
rightly claim recognition for his untiring efforts in organising the Leprosy Relief
work in this place and a number of other constructive activities.
Does not the society as a whole owe Mr. Madan an obligation by giving him
more chances to express himself? Professor T.N. Jagadishan remarked to me the
other day that the country cannot see a truer Congressman than Mr. Madan!
Can anyone disagree?
I know my words are too inadequate and even unnecessary to influence your
support for Mr. Madan’s success in the forthcoming election or selection. 1 have
no doubt in my mind about your support for this attempt.
Yours sincerely,
K.P.N. Nair *
Hon. Shri J. Choudhiy
Patna.
58. From C. Rajagopalachari to Vallabhbhai Patel
Government House
New Delhi
19 November 1949
My dear Vallabhbhai,
You stand condemned by Mr. Jagadindu Bagchi [see enclosure].
Yours sincerely,
C. Rajagopalachari
Enclosure:
(Extract from a letter from Jagadindu Bagchi dated 16-11-49 to
C. Rajagopalachari)
It was a small thing though, but a thing of deep import. I have it from the
papers that “the relatives of Godse and Apte were not permitted to be present
at the time of the cremation”, and yet “the cremation was performed in
accordance with Hindu Sanatanist rites — ’
It is this that I must condemn, if it means, as it seems to do, that the cremation
was performed not by those who, according to the Sastras of age-old custom, were
291
Correspondence and Select Documents
the right persons to do so, but by the jail authorities themselves. A man does not
war with the dead. I wonder how your Government could be so blind as to deny
two dead men a fundamental right like this.
59. From Chakradhar Sharan to Dr. B. V. Keskar
1 Queen Victoria Road
New Delhi
The 21st November 1949
My dear Dr. Keskar,
Enclosed herewith I am sending you a letter which has been received by the
Hon’bie Dr. Rajendra Prasad from the convener of the United Students’
Organisation, Allahabad. It is not clear from the letter whether this organisation
is a part of the U.N.O. organisation or it is merely a student organisation of all the
nations. I hope you will be in a position to throw light On it. You will please also
return the letter with your reply.
Yours sincerely,
Chakradhar Sharan
Dr. B.V. Keskar
7 Y ork Road, New Delhi.
Enclosure not included.
60. From R.C. Sinha to Chakradhar Sharan
PREMIER’S SECRETARIAT, BIHAR
No. 132/S.P.
x ama
The 16th December 1949
Dear Sir,
SS^aatiSsSaSSS-
292
Dr. Rajendra Prasad:
I am desired to request you to kindly convey this information to the Hon’ble
Dr. Rajendra Prasad.
Yours faithfully,
R.C. Sihha
Secretary to Premier
Shri Chakradhar Sharan
Private Secretary to Hon’ble Dr. Rajendra Prasad
I Queen Victoria Road, New Delhi.
61. From Basanta Kumar Das to Vallabhbhai Patel
7 Electric Lane
New Delhi
25 December 1949
Respected Sardarji,
Please excuse me for addressing this letter to you. I would not have intruded on
your very valuable time had I not been impelled to do so by a sense of duty and
responsibility with respect to the very momentous decision that the Congress
Party has to take in the matter of electing the first President of the Indian
Republic.
After a great deal of anxious thought I have come to the conclusion that I must
seek your permission to propose you as the first President of the Republic.
I am aware that you took upon yourself and your colleagues to decide amongst
yourselves as to who should be put up as the candidate for that highest post in the
land. Still I cannot help offering my humble suggestion for your careful
consideration.
I cannot conceive of a worthier, stronger, more effective and more dignified
combination than yourself being associated as the Head of the State with Pandit
Nehru as the Prime Minister which he already is.
Your great strength and power is to be utilised not for guiding the decisions of
the Cabinet as is the case in the present set-up but for influencing them from a
position of the highest dignitary in the land after a careful scrutiny of every
important thing that the state has to see through. Your thought and energy should
not be taxed by day-to-day file work or the less important details of the
procedural matters of the legislatures. Your indomitable will has to shape the
nation’s destiny by generating a force outside the Cabinet so that it may steer
clear through many a stormy weather that is ahead of us. Your judgment should
have the scope of a second sifting for the things that the Cabinet decides either by
virtue of the post that you will hold or of the position that you will occupy.
I firmly believe that such an orientation as I have indicated above will create
the highest amount of confidence in the Government not only in this country but
293
Correspondence and Select Documents
all the world over and there cannot be a better guarantee for the peace and
prospertiy of the people at this critical juncture of our national life.
I must also frankly express my anxiety over your failing health. If you have to
be in the harness and there is no way out you must have to be spared the toil of the
vigorous life of a minister and have to be given a more peaceful and less arduous
task as I have proposed.
You may very naturally be anxious for the proper utilisation of a few other
talents (which unfortunately we do not possess in abundance), even assigning to
yourself a much inferior position and not claiming one in which your claim can be
indisputable. But I have no doubt that if we can fulfil the need of the hour in the
most suitable manner things will settle themselves without any loss to our assets.
I am confident that my feelings are shared by many of our friends in the party
and in the country at large. I, therefore, beseech you to accept my humble
suggestion.
I pray that my views may find a response [in] your heart. I hope you will very
kindly permit me to bring a formal proposal before the party for their
acceptance.
Yours truly,
B.K. Das
Sardar Vallabhbhai Patel.
62. From Vallabhbhai Patel to Basanta Kumar Das
New Delhi
27 December 1949
Dear Friend,
Thank you for your letter of 25 December 1949. 1 am deeply touched by the
sentiments which you have expressed. The honour of being the first President of
the Indian Republic should be reserved for broader shoulders than my own.
Everybody must be content with serving the country from a position which is
assigned to him and where he can give of his best. I am quite content with mine. I
T f c,rc 7 stances ’ y° u wi » give up the idea of nominating me.
Shri Basanta Kumar Das, M.C.A.
7 Electric Lane, New Delhi.
Yours sincerely,
Vallabhbhai Patel
294
Dr. Rajendra Prasad:
63. From Dr. P. V. Cherian to Major A. T. George
Ripon Buildings
Madras
3rd January 1950
My dear,
I saw Dr. Rajendra Prasad this morning. As you know, he is a chronic asthma
patient and he also gets occasional migraine on the right side. I examined him
today and found that he has a slight deflection of his septum to the right. 1 am
not in favour of a septum operation, but on testing the sensitive spots in the nose,
though he does not get any reactionary sneezing, his eyes start watering which, as
you know, is an indication that cauterising the sensitive spots may do him good. I
have recommended this cauterising particularly for the right side and have also
recommended you in this connection. Please do whatever is necessary. I have
also given him multimix for his asthma and T uamine Inhaler to use when he gets
headache. Rajen Babu will contact you in Delhi.
Yours affectionately,
P.V. Cherian
Major A.T. George, M.B.B.S., D.L.O., F.R.C.S.
Ear, Nose, Throat Surgeon
Irwin Hospital, New Delhi.
64. From Sudhir Ghosh to Chakradhar Sharan
MINISTRY OF REHABILITATION
D.O. No. RHB-22 (6)/49
New Delhi
4/5 January 1950
My dear Chakradhar Babu,
I enclose for your information a copy of a letter addressed by me to the
Principal Private Secretary to the Prime Minister who desired to have a brief
account of the state of things at Faridabad. I shall be grateful if you would kindly
show this letter to Babuji at a spare moment.
With kind regards,
Yours sincerely,
Sudhir Ghosh
Shri Chakradhar Sharan
1 Queen Victoria Road
New Delhi.
Correspondence and Select Documents
295
Enclosure:
FARIDABAD DEVELOPMENT BOARD
New Delhi
3rd January 1950
D Ttonotyet received any weekly reports from our Officers at Faridabad in
response to the enclosed letter addressed to them,* but I am writing to g.ve you
such information as 1 could gather on the spot yesterday when 1 visited
Faridabad.
2. As you know, our target is to complete 4,000 modest houses before the next
monsoon so that the refugees may not have to spend another rainy season under
canvas. 2,000 plots for these houses are ready now and the preparation of the
remaining 2,000 within the next month will present no difficulty. The production
of bricks is, however, rather slow. We had arranged to start seven kilns and the
position in regard to brick production is as follows.
3. No. 1 kiln run by contractors is already in production and we are getting
20,000 burnt bricks a day. No. 2 kiln is being run by the Indian Cooperative
Union and is producing 20,000 bricks a day. No. 3 and No. 4 kilns will go into
production with effect from the 15th February 1950, and will produce 40,000
bricks a day. Kilns Nos. 5, 6, 7, and 8 will not be able to produce bricks before the
end of February. Earthwork and other preliminary arrangements are being done
in these kilns. At the end of February we shall have a stock of 25 lakhs of bricks.
After that date all the kilns will go into full production. The number of persons
engaged in brick production is 280. Their average daily earning is As. 14 and
together with 150% subsidy they are getting Rs.2/3/- a day.
4. Four sample houses have been built. Each of these houses consists of two
rooms of the size 14 ft. X 9 ft. The refugees have examined the sample houses with
great interest and have made certain reasonable suggestions. These houses are
built partly of burnt bricks and partly of unburnt bricks. The plinth is built of
burnt bricks and the Toof has been provided by Dr. Koenigsberger out of his
stock of imported Swedish roof made of timber board. The refugees have pointed
out that the roof will not last long and the engineers agree that instead of these
timber boards we should use burnt tiles and timber battens. The refugees also
desire that a tiled verandah should be added to the two-roomed house and the
walls should be built wholly and not partly of burnt bricks. The cost of the sample
two-roomed house is about Rs.l,100. Our engineers think that if we spend
another Rs.400 on the house we can easily produce a decent structure with two
rooms and a verandah at a cost of Rs.l ,500 per house. They, however, point out
that wc can easily build 2,000 such houses before the rain}' season, but not 4,000.
If, however, even- family is given half of a house, i.e., one room before the rains,
one more room can be added afterwards and thus 4,000 two-roomed houses
could be completed within a reasonable time.
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Dr. Rajendra Prasad ;
5. As regards the timber centre, we have at last received 20,000 c.ft. of timber
from the East Punjab Government and we are expecting more within the next
few weeks. 55 refugees are engaged in timber work together with 12 trained
carpenters from outside and four other refugees are engaged in administrative
work. The average real income per day in this work is Rs. 1/ 8/-. As soon as more
tools are acquired we shall be able to have another 50 trainees in this centre.
6. Training Institute. We have secured the services of Mr. Hukam Chand
Mahajan, former Principal of the Technical Instituteat Lahore. This gentleman
has a considerable experience in the various trades in which we wish to train up
refugees at Faridabad. He has started work with effect from the 1st January and
his plan will be presented to the Board at its next meeting. As soon as it is passed
by the Board we shall take steps to set up the Institute.
7 . Earthwork and road-making and stone-quarrying. 700 persons are engaged
in earthwork and road-making and 200 in stone-quarrying, Jt is interesting to
observe that the average real earning of a worker in this kind of work has
increased from As. 10 to As. 14. Together with 150% subsidy, they are getting
about Rs.2/3/- a day.
8. The number of persons who have been given full-time gainful occupation is
as follows:
Earthwork, road-making and stone-quarrying 900
Timber work 55
Brick production 280
Plot making 200
Establishment of the Indian Cooperative Union 90
Establishment of the Administrator 100
Engaged by contractors 100
1,725
9. As decided in the last meeting, a Committee consisting of representatives of
the refugees together with the Camp Commandant and the Deputy
Administrator has been formed. There are seven representatives of the refugees
on the Committee. This Committee of refugee representatives and officers is
expected to discuss among themselves on the spot all problems that arise from
day to day with regard to the provision of work and payments to workers and
other difficulties. They have been asked to settle all problems as far as possible on
the spot and send to the Board only such matters as cannot be decided on the
spot. The Committee seems to be working all right.
10. It has been pointed out by our engineers that production of bricks and
other materials is slow if the work is done by the refugees on a cooperative basis.
The engineers are keen to bring in contractors because contractors can give better
results. On the other hand, if the contractors are given a large part of the work
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there will not be enough employment for the refugees and consequently no means
of livelihood. If the work is done by the labour of the refugees, progress is bound
to be somewhat slow. We have to choose.
11. Iam sending a copy of this letter to all members of the Board.
Yours sincerely,
Sudhir Ghosh
A.V. Pai, Esq., I.C.S.
Principal Private Secretary to the Prime Minister
New Delhi.
•No! included.
65. From Chakradhar Sharan to the Director, Publications Division,
Government of India
Camp: Zeradei P.O.
Distt. Saran (Bihar)
15th January 1950
Dear Sir,
The Hon’ble Dr. Rajendra Prasad has cursorily glanced through the typescript
copy of “Our Constitution”. He had been hard pressed for time but somehow or
other he has been able to write out a short foreword introducing it to the Press. It
is regretted that he could not make time to write a longer preface dealing with
some aspects of the Constitution.
I have been asked to mention to you some points which though not of much
importance in themselves will add to the accuracy of the summary, if included.
Dealing with the flexibility of the Constitution two forms of amendments are
mentioned. But there is a third kind. There are several articles which can be
amended by the Legislature in the ordinary way without even the majority
prescribed for constitutional amendments in Art. 368. In relation to States
mentioned in Part B of Schedule I it is stated at page 49 that in Jammu and
Kashmir and Hyderabad the present rulers continue as the heads. It is
understood from Press reports that the Nizam is going to be sworn in as
Rajpramukh of Hyderabad on the 26th January. There is no reference to the
special provisions laid down for the Scheduled and Tribal areas which the
onble Dr. Rajendra Prasad considers are an important feature of the
Constitution of India.
Yours faithfully,
Chakradhar Sharan
Private Secy, to Dr. Rajendra Prasad
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Dr. Rajendra Prasad:
N.B. The [typescript] copy of “Our Constitution” and the signed copy of the
Hon ble Dr. Rajendra Prasad’s foreword are sent by registered post but, to avoid
delay, I am also posting a copy of my letter as also a copy of the foreword to you
by ordinary post.
The Director, Publications Division
Government of India
Old Secretariat, Delhi.
Enclosure:
(Introductory note by Dr. Rajendra Prasad)
This is a short brochure on the Constitution of India. It summarises in a
popular but accurate manner the main features of the Constitution. For an
authoritative opinion regarding particular points the articles of the Constitution
have obviously to be referred to but an all-round comprehensive view of it can be
obtained from this. I have much pleasure in introducing it to the public.
Rajendra Prasad
(Copy of “Our Constitution”)
CONTENTS
1. Introductory
2. Some Significant Aspects
3. Citizenship in India
4. Fundamental Rights
5. Directive Principles of State Policy
6. The Indian Union
7. The Executive Authority
8. Adult Franchise and New Parliament
9. The Government of the States
10. The Three Safeguards:
(a) The Judiciary
(b) Public Service Commissions
(c) Comptroller and Auditor-General
11. Conclusion
1. INTRODUCTORY
Evolution of the Constituent Assembly
In 1922 Mahatma Gandhi first conceived the idea of a Constituent Assembly
elected by the people. He observed: “Swaraj will not be a free gift of the British
Parliament, it will be a declaration of India’s full self-expression. That it will be
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expressed through an Act of Parliament is true but it will be merely a courteous
ratification of the declared wish of the people of India even as it was in the case of
the Union of South Africa.” Nevertheless it was not until 1935 that the idea was
officially and seriously put forward by the Indian National Congress. The
National Congress”, wrote Pandit Jawaharlal Nehru in January 1938, “stands
for independence and a democratic state. It has proposed that the constitution of
a free India must be framed, without outside interference, by a Constituent
Assembly elected on the basis of adult franchise. That is the democratic way and
there is no other way short of revolution which can bring the needed result. An
assembly so elected will represent the people as a whole and will be far more
interested in the economic and social problems of the masses than in the petty
communal issues which affect small groups. Thus it will solve without much
difficulty the communal and other like problems.”
Till World War II, the British Government resisted India’s demand for a
Constituent Assembly. But the war and the international situation created
circumstances which opened the eyes of even of the Churchill Government. The
Cripps Plan sought to set up immediately upon the cessation of hostilities an
elected body in order to frame a new constitution for the country. This plan,
however, proved abortive. On March 15, 1946, Mr. Attlee, the Labour Prime
Minister, declared in the Hpuse of Commons: “Is it any wonder that today India
claims as a nation of 400 haillibn people that has twice sent her sons to die for
freedom that she should herself have freedom to decide her own destiny? What
form of government is to replace the present regime is for India to decide; but our
desire is to help her to set up forthwith the machinery for making that decision.”
Bom with Limitations
The outcome was the present Constituent Assembly set up in 1946 according
to the Cabinet Mission Plan. It was not a sovereign body; “it was born with
limitations both in respect of basic principles and procedure. Moreover, it was
subject to the final authority of Parliament.
Notwithstanding these adverse conditions, the Congress agreed to join the
Constituent Assembly. The Muslim League, on the other hand, refused to do the
same despite the statement of December 6, which conceded practically
everything the League wanted. It fell back upon its original stand, according to
which the “Muslim nation” would never participate in any single constitution-
making machinery. It demanded two separate constitution-making bodies for
the peoples of Pakistan and Hindustan.
The deadlock persisted till the June 3 Plan brought about the partition of the
country.
A Sovereign Constituent Assembly
The Indian Independence Act scrapped the Cabinet Mission Plan and
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established the sovereign character of the Constituent Assembly. On August 14,
1947, it reassembled to assume power for the Government of India.
Shaping of the Constitution
In the first session of the sovereign Constituent Assembly of India, its President,
Dr. Rajendra Prasad, spoke of a classless society for India. It was to be a
cooperative commonwealth, the making of whose constitution was the supreme
task of that Assembly. The foundation of its constitutional structure was laid by
the Objectives Resolution which was moved by Pandit Jawaharlal Nehru. It said:
Wherein all power and authority of the sovereign, independent India, its
constituent parts and organs of government are derived from the people;
and
Wherein shall be guaranteed and secured to all the people of India
justice, social, economic and political; equality of status, of opportunity
and before the law; freedom of thought, expression, belief, faith, worship,
vocation, and action, subject to law and public morality; and
Wherein adequate safeguards shall be provided for minorities, backward
and tribal areas, and depressed and other backward classes; and
Wherein shall be maintained the integrity of the territory of the Republic
and its sovereign rights on land, sea and air according to justice and the law
of civilised nations, and this ancient land attain its rightful and honoured
place in the world and make its full and willing contribution to the
promotion of world peace and the welfare of mankind.
The bricks and mortar of the structure were provided by the reports of the
Union Powers Committee, the Union Constitution Committee, the Provincial
Constitution Committee, the Advisory Committee on Minorities, Fundamental
Rights, Committees on Chief Commissioners and Financial Relations between
the Union and the States, and the Advisory Committee on Tribal Areas. But the
final shape and the form were given by the Drafting Committee with Dr.
Ambedkar as Chairman. The Draft Constitution, fashioned after eight months’
labour, was considered clause by clause by the Constituent Assembly and was
amended in the light of criticism.
On November 26, 1949, the Constituent Assembly in the name of the people of
India adopted and enacted the Constitution— the Charter of India’s Freedom.
The Constitution as it finally emerged after 2 years, 11 months and 18 days
comprises 395 articles and 8 schedules.
National Flag
The Constituent Assembly has also given to the nation its national standard
and emblem. On July 22, 1947, the Assembly adopted the Tricolour with the
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301
Asokan Chakra as India’s flag. This flag, as Pandit Jawaharlal Nehru put it, “is
not a Flag of an Empire, not a Flag of Imperialism, but a Flag of Freedom, not
only for ourselves but a symbol of freedom to all people who may see it.”
It was in keeping with India’s tradition that this symbol of freedom was
presented to the sovereign Constituent Assembly by Shrimati Hansa Mehta, on
behalf of the women of India.
2. SOME SIGNIFICANT ASPECTS
A Comprehensive Document
The Constitution of India is a comprehensive document. It makes detailed
provisions to deal with the initial difficulties of an infant State. These measures
will also ensure a harmonious working of the Constitution.
Among others, the Constitution deals with the following: (1) the structure of
the government, (2) the function and the relationship between the various
organs, (3) citizenship, (4) fundamental rights, (5) directive principles of State
policy, (6) the services, (7) the federal judiciary and the High Courts, (8) official
language, and (9) various other matters of basic importance.
Sources
The framers of the Constitution have drawn wisely upon the mature
experience of the democratic countries. They have thus tried to avoid the defects
of other constitutions and to accept only those features from them which would
suit Indian conditions. In making certain fundamental departures from the
prevalent theories and practices, they have adopted provisions which besides
being original avoid rigidity and legalism in coping with emergencies in peace and
war. Moreover, they have given the Constitution a national character inasmuch
as the panchayats, the most valuable of the surviving democratic institutions of
ancient India, have been found a place in the country’s constitutional structure.
Sovereignty of the People
The Constitution seeks to enshrine the sovereignty of the people and establish
a constitutional government, which, according to Woodrow Wilson, is “one
whose powers have been adapted to the interests of the people and maintenance
of individual liberty”.
The Objectives Resolution unequivocally lays down that the ultimate
sovereignty, both in the Union and the units, shall rest with the people and the
principle has been incorporated in the preamble of the Constitution. “We the
people ol India,” it reads, “having solemnly resolved to constitute India into a
Sovereign Democratic Republic, do Hereby Adopt, Enact, and Give to
Ourselves This Constitution.”
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Government by the People
The Constitution envisages a democratic government and defines India as a
sovereign democratic republic. In other words, India will have a system of
government in which the average citizen has direct access to the sources of
authority. The right to political power thus means not only the right to vote or
choose representatives but also the right to hold and be chosen for any office. For
the first time in the history of modern India, the Constitution confers that right
on all adult persons, that is, people who have attained the age of 21, and removes
all discriminations based on birth, wealth, colour, race or sex. By a single stroke
of the pen the Constitution transforms, for instance, the status of the Indian ryots
who form seventy per cent of the population. They become genuine political
masters of India. By parliamentary government and universal adult franchise,
the Government becomes accountable to the people and to their representatives.
Secular State
In spite of the existence of various communities in India, the Constitution is
opposed to communal polity and contemplates a secular State for India. A single
common citizenship will be assured to all irrespective of religion, caste, colour,
creed or sex. The services provided by the State will thus be distributed equally
among all its citizens. Every citizen of India will be free to practise the religion of
his choice. The Government will scrupulously refrain from practising
discrimination on religious grounds or from patronising or propagating any
particular faith. The ideal is based on the theory that a secular State deals only
with the relations between man and man and not between man and God. The State
will regulate the individual’s behaviour only in relation to other human beings.
Federal Structure
The Indian Constitution is a federal structure. It has a dual polity with a
written constitution defining clearly the spheres of authority of the Union and its
constituent units called the States. There is an independent judiciary to define
and interpret the Constitution and resolve disputes arising between the Centre
and the States. But unlike America it is not a federal federation, with a bias
towards the autonomy and integrity of the units. The Indian Constitution vests
the residuary authority (all matters not enumerated in the Concurrent or State
Lists will be deemed to be included in the Union List) in the Centre. It also arms
the latter with adequate powers to direct all important activities according to a
uniformly executed plan. The basic unity in administration is sought through a
single judiciary, unity in basic laws, common all-India services and a common
language of the State.
The Indian Federation is, however, a flexible one. The Centre can supersede
the authority of the States in an emergency.
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303
Its Flexibility
A good constitution must be elastic enough to change in accordance with
changed circumstances, meet eventualities without having to undergo the formal
process of amendment. The Indian Constitution has all these qualities. The
Constituent Assembly has refrained from putting a seal of finality and
infallibility upon the Constitution. It has avoided the difficult and complicated
process of convention and referendum. It has also eschewed the difficult and
complicated process of the American and the Australian constitutions. It has
adopted a simple and facile amending process instead.
The Indian Constitution divides the Constitutional provisions into two
groups. In the one it includes articles relating to (1) the Central and the State
Judiciary, (2) the extent of the executive authority of the Union, (3) relationship
between the Union and the States, (4) the Union, State, and Concurrent Lists,
(5) representatives of the States in Parliament, and (6) election of the President.
The rest of the provisions are grouped in the second category. In relation to the
latter the Constitution stands amended if a bill to that effect is passed in each
House by a majority of the total membership of that House and by a majority of
not less than 2/ 3rd s of the members of that H ouse present and voting. As regards
the former the amendments need being ratified by the Legislatures of not less
than half of the States specified in Parts A and B of the First Schedule.
Elasticity is further introduced by enabling the federal structure to be
converted into a unitary one in an emergency. The Central Government can then
assume control of all affairs of the nation and the Central Legislature can
exercise legislative powers which are otherwise exclusively vested in the States.
Even in peacetime Parliament can legislate on any of these subjects, provided
that it is declared of national importance and adopted by a two-thirds majority.
The adoption of a long list of the concurrent subjects not only makes the
Constitution flexible but is also corrective of unnecessary legalism, the bane of
federalism.
The State Language
The provision regarding the State language is another important feature of the
new Constitution. For a vast and multilingual country like India a single State
language (besides being a medium of national intercourse) is absolutely essential
for administrative convenience. The Constitution prescribes Hindi in
Devanagari script with the Indian numerals in international form as the official
language of the Union. For a period of 1 5 years, however, the English language will
continue to be used for all official purposes of the Union. At the same time
provisions have been made to introduce and extend Hindi in official use even
earlier than the prescribed period. The Legislatures of the States, however, can
adopt one or more of the languages in use in the States as a regional language.
Fourteen of these including Hindi have been enumerated in the EIGHTH
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SCHEDULE. They can also use Hindi as the official language.
3. CITIZENSHIP IN INDIA
The Indian Constitution provides for common citizenship and eschews double
citizenship characteristic of the federal structure as obtains in the United States.
The people entitled to Indian citizenship include:
(1) those domiciled in India;
(2) refugees who had migrated to India from Pakistan; and
(3) Indians overseas.
But these provisions are not meant to be exhaustive, nor are they final. It is left
for Parliament to make comprehensive laws on the subject.
The first category of persons on whom the Constitution confers citizenship
comprises all those
(a) who are domiciled in India; or
(b) either of whose parents were born in the territory of India; or
(c) who have ordinarily been resident in the territory of India for not less than
five years, provided that they have not voluntarily acquired the citizenship of
any foreign State.
India has thus adopted a threefold basis for citizenship, namely, birth, descent
and residence. These provisions are in certain ways stricter than those found in
the Constitution of the United States, according to which birth alone is sufficient
ground for citizenship. In the Indian Constitution, however, an additional
qualification is needed. The person must have “a permanent home in India”.
The second category consists of those who have migrated to India from
Pakistan and migrants from Pakistan who have come to India under permanent
permits granted to them by the Indian authorities. With regard to displaced
persons from Pakistan, they would be deemed to be citizens of India on the
commencement of the Constitution, if
(a) they or either of their parents or any of their grandparents were born in India
before partition;
(b) they (in the case of those who had migrated before July 1948) have been
ordinarily resident in the territory of India since the date of their migration;
and
(c) they (in the case of those who had migrated on or after July 1948) were
registered as citizens of India on application made by them before competent
authorities.
With regard to the last, there is a reservation that no such person should be
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registered in India unless he has resided in the territory of India for at least six
months immediately preceding the date of his application. These provisions are,
in fact, in conformity with the policy of the Government to accept practically all
displaced persons who came to India from Pakistan before July 1948, but
thereafter to accept only such people as, were registered citizens of India. The
Constitution denies citizenship to those who had migrated to Pakistan after
March 1, 1948; but exempts those who had returned to India from Pakistan
under permits seeking permanent settlement. The proviso is intended to help
those Muslims or their families who left for Pakistan during the disturbances
without any intention of permanent residence there.
Finally, the right of citizenship has also been conferred on persons of Indian
origin residing outside India. They include all who either themselves or any of
whose parents or grandparents were born in the undivided India and who apply
for the register themselves as citizens of India through India’s diplomatic or
consular representatives in any country outside India.
4. FUNDAMENTAL RIGHTS
“Rights are the groundwork of the State. They are the quality which gives the
exercise of its power a moral character. And they are natural rights in the sense
that they are essential for the good life.” Their inclusion in the constitution of a
country makes them inviolable, commanding the respect of the people and the
government alike. Being fundamental to each citizen, they are made justiciable,
but some rights, which cannot be enforced in the courts, are more imperative and
less violable because of their place in the Constitution. They have a great
educational value and provide training in citizenship.
The theory of fundamental rights implies limited government. It aims at
preventing the government and the legislature from becoming totalitarian, and in
doing so it affords the individual an opportunity for self-development. But these
rights are not absolute; they are subject to the limitations imposed by the State in
order to secure similar rights of individuals or to promote the greater interests of
the community or the State.
The Indian Constitution provides for all citizens individually and collectively
the best fruits of democracy and those basic freedoms and conditions of life
which alone make one s life significant and productive. The rights contained in
Part 1 of the Constitution are declared fundamental and justiciable. All other
laws which are inconsistent with them or take away or abridge these rights are
null and void. The fundamental rights are classified as:
(1) Right to Equality,
(2) Right to Freedom,
(3) Right to Freedom of Religion,
(4) Cultural and Educational Rights,
(5) Right to Property, and
(6) Right to Constitutional Remedies.
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Right to Equality
The new Constitution postulates civic and social equality as the bedrock of
Indian polity. Discrimination against any citizen on grounds of religion, race,
caste, sex or place ofbirthisprohibited. In public employment it assures equality
of opportunity for all. The only exception is the right given to the legislature to
prescribe in certain cases residential qualifications and to reserve some posts for
backward classes, who, in the opinion of the State, are not adequately
represented in the services. The definition of ‘backward classes’ has been left to
the decision of the State Governments.
Another important step which the Constitution has taken towards the
establishment of social equality in India is the abolition of titles, local orforeign,
which created odious, artificial barriers in the past. Only military or academic
distinctions will now be permitted.
Abolition of Untouchability
The Constitution has put the legal stamp on the great social revolution
brought about by Mahatma Gandhi. It uplifts about 50 million untouchables of
India from their age-old low social status. It lays down that ‘untouchability’ is
abolished and its practice in any form is forbidden. The enforcement of any
disability arising out of ‘untouchability’ shall be an offence punishable in
accordance with law. To make this single clause outlawing untouchability is
more precious than all the rights of equality guaranteed under the Constitution.
It puts an end to the most degrading of social inequalities that have vitiated
Hindu society. Such social customs and disabilities as enforced segregation of
‘untouchables’ at wells, in streets, schools and places of worship are declared
illegal. In fact, the ban covers all forms of untouchability specified or unspecified.
Some of the prevalent social disabilities are removed and equality in public places
is guaranteed to all people. It is provided that “no citizen shall, on grounds only
of religion, race, caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to:
(a) access to shops, public restaurants, hotels and places of public
entertainment, or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public”.
With the statutory equality of status accorded to ‘untouchables’, a new chapter
of social democracy opens in India. This right to equality or equal protection of
law against segregation on grounds of colour is still to be recognised even in some
advanced countries. Under the Indian Constitution, however, segregation on
grounds of colour or caste in public places, carriages and educational institutions
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constitutes an offence and a direct breach of the right of equality.
Individual Liberty
Consistent with its democratic professions, the new Constitution seeks to
guarantee basic rights and freedom to all people in India. Every citizen enjoys
freedom of speech and expression, the right to assemble peacefully and without
arms, form associations or unions, move freely throughout the territory of India,
reside and settle in any part of the territory of India, acquire, hold and dispose of
property, and practise any profession or carry on any occupation, trade or
business.
These rights, however, can by no means be absolute nor are they so in practice.
The Constitution enables the State to restrict these rights in the interest of public
order, decency, morality, and security of State and authorises it to impose any
reasonable restrictions in public interest. It also safeguards the rights of the State
to make iaws relating to libel, slander, defamation and contempt of court.
It is sometimes said that the saving clauses in the Constitution whittle down the
rights ensured by Article 19. This is an erroneous conception. No rights are ever
absolute. They are always subject to limitations imposed by the State to secure or
promote the greater interests of the community. Even in the American
Constitution some restrictions on rights were recognised by the Supreme Court
as vital for the State.
Personal liberty and the rule of law also find their due place in the
Constitution. It is provided that no person is to be convicted of any offence
except for the violation of the law in force at the time of the commission of that
offence. Nor will he be subject to a penalty greater than what may have been
included under the existing laws. The other legal reliefs available to the
individual are that no person will be prosecuted and punished for the same
offence twice and that no person accused of any offence will be compelled to be a
witness against himself. The principle of the rule of law is recognised by other
provisions also. Thus no person can be deprived of his life or personal liberty
except “in accordance with the procedure established by law”. Nor shall he be
denied equality before the law or the equal protection of the laws in the
country.
Detention without trial has been an anathema to the people of India. The
Constitution, therefore, provides measures against arbitrary arrest and indefinite
detention. It lays down that “no person who is arrested shall be detained in
custody without being informed, as soon as may be, of the ground for such arrest,
nor shall he be denied the right to consult and be defended by a legal practitioner
of his choice”. It defines the procedure to be adopted in the event of detention. It
fixes three months as the maximum period of detention unless it is extended on
the advice of an Advisory Board, comprising persons qualified to be appointed as
judges of the High Court. It also stipulates that the authority making such an
order should communicate to the person arrested the ground on which the order
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has been made and afford him the earliest opportunity of making representations
against such an order. The only exemption from this relief are persons who are:
(0 for the time being India’s enemies, (ii) aliens, or (iii)are under preventive
detention.
Articles on ‘Right to Equality’ also guarantee freedom of trade and commerce
throughout the territory of India. Traffic in human beings, enforced labour and
employment of children in factories, mines and other hazardous employment are
prohibited.
Religious Freedom
True to the tradition of religious toleration and the catholicity of the
Objectives Resolution, India’s new Constitution guarantees religious freedom to
all. Subject only to public order, morality, health and other essential provisions,
all persons are entitled to freedom of conscience and the right to profess,
practise and propagate religion freely. The right has been further guaranteed by
the autonomy given to every religious denomination to manage its religious
affairs and to own, acquire and administer properties for religious or charitable
purposes. The Sikhs have thus the right to wear and carry kirpans. But certain
restrictions are imposed on religious freedom in order that religion may not be
used as a political weapon or as a bulwark of social reaction. Accordingly, no one
will be compelled to pay taxes for the promotion and the maintenance of any
particular religious denomination. Nor is religious instruction or religious
worship compulsory at institutions which are either recognised by the State or
receive aid out of State funds. The Constitution taboos religious instruction as
such in all educational institutions run and maintained by the State.
Cultural and Educational Rights
The new Constitution, as one member of the Constituent Assembly put it,
“opens a new era of the rights of the minorities”. It tends to safeguard the
freedom of every minority to practise its own religion, and to preserve its own
culture, language and script. The term minority is used in this connection in a wide
sense to include even cultural minorities which exist in a particular locality. The
main idea, as Dr. Ambedkar explained, is to see that “if there was a cultural
minority which wanted to preserve its own language and culture, the State would
not by law impose upon it any other culture which might be local or otherwise”.
All minorities, religious or linguistic, have been given the right to establish and
administer educational institutions and the State is prohibited from
discriminating against any such institution in granting aid. Further, no citizen is
denied admission to the educational institutions maintained or aided by the State
on grounds only of religion, race, caste, or language. Thus, in addition to their
own, the minorities will have all the other educational facilities enjoyed by the
majority.
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Right to Property
The Indian Constitution prohibits the expropriation of property by the State.
It stipulates compensation in the event of compulsory acquisition for public
purposes. It assures that “no person shall be deprived of his property save by
authority of law”. For compensation it provides that “no property, movable or
immovable, including interest in any company owning any industrial or
commercial undertaking, shall be taken possession of or acquired for public
purposes under any law authorising the taking of such possession or such
acquisition unless the law provides for compensation for the property taken
possession of or acquired and either fixes the amount of compensation, or
specifies the principles on which and the manner in which, the compensation is to
be determined and given.” An additional safeguard prescribes that no State
legislation for compulsory acquisition can be enforced unless it has received the
assent of the President.
Parliament will be the sole judge on two matters: on the propriety of the
principle of acquisition, and the decision about compensation. The judicial
review arises only if there is a fraud on the Constitution or when expropriation or
the principle of compensation is illusory. Such phrases as ‘just compensation’,
‘due process of law’ or ‘adequate compensation’ are purposely avoided to
eliminate embarrassing judicial review and unnecessary litigation.
The Constitution, however, exempts from the jurisdiction certain pending
legislation on the abolition of zamindari system. Such legislation will, however,
be valid after it has received the President’s assent. This distinction will prevent
sabotage of this essential reform in land tenure by protracted litigation.
The Constitution also endows the State with the authority to make any law for
the purpose of imposing or levying a tax or penalty for the promotion of public
health or the prevention of danger to life or property. Certain other laws,
including those dealing with the evacuee property, are exempt from the
jurisdiction of the courts.
Right to Constitutional Remedies
The provision about constitutional remedies, as described by Dr. Ambedkar,
is the heart and soul of the whole Constitution”. Rights have no meaning unless
they are enforced and safeguarded by constitutional methods. Every citizen thus
has the right to move the Supreme Court for the enforcement of fundamental
rights. To this end the Supreme Court is given general powers to safeguard these
rights as well as the power to propose particular remedies, such as habeas-corpus,
mandamus, etc.
The inclusion of these writs in the Constitution guarantees freedom of the
individual. At present they can be scrapped at will by the legislature. When the
Constitution comes into force they will become a part of the fundamental law
and cannot be changed without amending the Constitution. Parliament,
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however, is authorised to confer these powers on any court to exercise them
within the local limits of its jurisdiction.
The right to constitutional remedies cannot be suspended save in a declared
emergency. Even then the suspension of rights need not necessarily extend to the
whole of India. Nor is the power of suspension unfettered. The position under the
Indian Constitution more or less corresponds to the practice in the United States.
Thus while the Central Legislature has the complete power, the Executive Head
of the State has only an ad interim power, to suspend the rights. Moreover, the
rights are restored as soon as the emergency is over.
Parliament, however, is authorised to modify the fundamental rights in their
application to the Armed Forces. A public servant can also be indemnified forany
act done in his official capacity under martial law. It can further validate any
sentence passed or punishment inflicted during its operation.
Notwithstanding these limitations, Parliament is authorised to pass legislation
to give effect to these rights and provide punishment for offences committed
against it. Laws and punishments in force at present with regard to these matters
will continue to be in force until altered or repealed by Parliament. The power to
make these laws and prescribe punishment for offences is for the time being
vested only in Parliament and not in the legislature of any State. This provision,
Dr. Ambedkar explained, is necessary to make the fundamental rights and the
punishment for their breach uniform throughout India.
5. DIRECTIVE PRINCIPLES OF STATE POLICY
The chapter dealing with directive principles of State policy is a unique feature
of our Constitution. Its inclusion was found necessary in the context of the Indian
situation and the only parallel that can be cited in this respect is the Constitution
of the Republic of Ireland. This chapter gives certain directions to the future
legislature and the executive, showing the purpose for which they have to
exercise their authority. They are meant to be codes of constitutional propriety
which will govern the future government in relation to the people. These
principles are meant to be an active and imperative basis of State policy.
The expression “State”, however, has a dual meaning. As a collective entity, it
represents the Government and Parliament of India and the Government ana the
legislature of each State. In a distributive sense it implies even the village
panchayats, district boards and other local bodies.
Towards Economic Democracy
To make democracy real and effective, one of the directive principles enjoins
that it must be accompanied by economic democracy. This means “one man, one
value”, although the Constitution does not prescribe any specific method to
achieve this goal. What it does direct, however, is that every Government,
whether at the Centre or in the States, should strive to bring about economic
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democracy As Dr. Ambedkar put it, “it enjoins that however adverse the
circumstances may be, the Government should always endeavour to achieve this
Pf Among ce-tain economic rights and principles of social security which the
Constitution specifically intends the State to secure for its teeming millions
are:
(1) adequate means of livelihood,
(2) fair distribution of wealth,
(3) equal pay for equal work,
(4) prevention of exploitation of child and adult labour,
(5) the right to work,
(6) to receive education including free and compulsory education for all
children up to the age of 14,
(7) public assistance in case of unemployment, old age, sickness, disability and
other cases of undeserved want,
(8) the right to a living wage,
(9) conditions of work assuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities, and
(10) raising the level of nutrition and the standard of living of its people and the
improvement of public health.
A special emphasis is laid on the promotion of educational and economic
interests of the Scheduled Castes and the Scheduled Tribes and other less
backward sections of the community.
The directives also incorporate other important subjects for which the
progressive people in this country have been asking for a long time. Some of these
are:
(1) the organisation of the village panchayats,
(2) a uniform civil code for all citizens,
(3) prohibition,
(4) organisation of agricultural and animal husbandry,
(5) prohibition of the slaughter of useful cattle, especially milch and draught
cattle and their young,
(6) the protection, preservation and maintenance of monuments and places
and objects of national and historical importance, and
(7) the separation of the judiciary from the executive.
Consistent with the high moral traditions of the country and her yearning for
world peace, the directives also provide that the foreign policy of India should
promote national peace and security, maintain just and honourable relations
between nations, foster respect for international law and treaty obligations in the
dealings of organised peoples with one another, and encourage the settlement of
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international disputes by arbitration.
6. THE INDIAN UNION
India, also known by its ancient name BHARAT, has been described in the
Indian Constitution as a Union of States. The name implies the indestructible
nature of its unity. No unit can thus secede from the Union. The country “is an
integral whole, its people a single people living under a single imperium, derived
from a single source”, despite the different units, or ‘States’ as they are called, into
which it is divided for administrative convenience. The States include twenty-
seven units specified in Parts A, B and C of the First Schedule.
These States include the Governors’ Provinces after the merger of the States,
the States Unions, the Centrally administered States, the Chief Commissioners’
Provinces, and other Indian States. The multiplicity of units was a legacy
of the British regime. By a process of integration and unionisation,
however, homogeneity has emerged from a congeries of Indian States, whose
constitution and administration presented a baffling variety. Some princely
States which at the time of the lapse of paramountcy presented a potential threat
to the unity of the country have either merged into the adjoining Provinces or
have been integrated into compact units of the Indian Union. Unlike the Indian
Federation of 1935 Act, “which proposed a marriage between autocracy and
democracy”, the Indian Union under the new democratic Constitution
symbolises the union of equals and compatibles.
Redistribution of Units
The authority to admit and establish the new States as well as to alter the areas
and boundaries or names of the existing States is vested in Parliament, viz., the
Central Legislature. In this matter, the President will ascertain the views of the
legislature of the State or each of the States concerned. Law which contemplates
a change in the boundaries of the Union will not be considered an amendment to
the Constitution. This provision is intended to facilitate the shaping of rational
administrative units.
Federation
India has all the characteristics of a federation. It has, for instance, (i) a written
constitution, (ii) a clear demarcation of powers between the States and the
Centre, and (iii) the existence of a competent and independent Supreme Court to
settle disputes between the Centre and the constituent units. The Constitution is
federal in the sense that it establishes a dual polity with the “Union at the Centre
and the States at the periphery, each endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution”. The
proposed Union is not a league of States, nor are the States the agencies of the
Union deriving their powers from it. In this respect it conforms to the American,
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Canadian and Ausiralian patterns, and differs from the unitary Constitution of
the United Kindgom.
Special Features
The Indian Federation, however, differs from the other federations in many
vital respects. In the U.S.A. there is dual citizenship; each State has the right to
grant its citizens or residents a number of rights which it may deny or grant on
more difficult terms to non-residents. As opposed to this the Indian Constitu ion
envisages a dual polity with one citizenship and no separate citizenship for the
States. Indians, no matter where they reside, are all equal in the eyes of the law.
The States in America have the right to make their own constitutions. In I ndia no
such power is given to the units. There is only one constitution applicable to all
and one constituent authority. Article 238 is an exception and deals with some
features peculiar to the princely States, and the conditions arising out of an
agreement between them and the Government of India. Except in the transitory
period, the constitutional relationship of the States with the Centre and their
internal structure is on a par with the Provinces.
In some federations the duality of polity involves a duality of legislature,
executive, judiciary and services. This duplication tends to produce a diversity in
law, administration and judiciary. Some diversity may be desirable to cope with
local needs and circumstances, but beyond a particular point it only causes
confusion and chaos. A modern constitution must provide for uniformity in all
basic matters. Legislative and administrative unity is envisaged by the Indian
Constitution by means of ( 1 ) single judiciary, (2) uniformity in fundamental civil
and criminal laws, and (3) common all-India civil services.
The High Courts and the Supreme Court form a single integrated judiciary.
They have jurisdiction over cases arising under various laws— constitutional,
civil and criminal. The Codes of Civil and Criminal Law are placed in the
Concurrent List. Uniformity is thus preserved without impairing the federal
system. Uniformity in administration is ensured by placing members of an all-
India service in key-posts. Besides, the Constitution affords the Centre and the
President ample scope for initiative in all matters of national importance.
Federal systems are generally rigid. It, therefore, becomes almost impossible
to change them. The Indian Constitution, however, is unique in its federalism. It
is at once unitary and federal according to circumstances. Normally it is meant to
be federal, but in an emergency it can assume a unitary character.
The Constitution provides for a Concurrent List of forty-seven items. In this
respect, it is said to follow the Australian example but goes a step further. To
avoid the weakness of rigidity and legalism inherent in a federal polity, it vests
Parliament with exclusive powers in as many as ninety-seven items. Even in
normal times, there is provision to extend the Centre's legislative authority The
2nFed V emtion y amendm8 ^ fUrther t0 the flexibilit y the
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Relations between the Union and the States
Legislative. The Constitution distributes the items for legislation among three
lists: (1) the Union List, (2) the States List, and (3) the Concurrent List. The
respective jurisdictions of the U nion and the States and their mutual relations are
clearly defined. Measures enacted by the Union under the Concurrent List
always have priority irrespective of corresponding State legislation. Like Canada
and unlike America, the residuary power in India is vested in Parliament.
Except for States mentioned in Part C, normally the Centre cannot legislate on
any matter included in the States List. Parliament can, however, do so (1) if the
Council of States recommends that such legislation is in the national interest, (2)
if two or more States mutually agree that this should be done, and (3) when it is
required to do so to implement treaties or international conventions.
Administrative relations. The Constitution seeks to ensure harmony between the
Union and the States. The executive authority of the State should be so exercised
as to ensure compliance with Union legislation and its corresponding
administrative directions. The Centre can also give directions to a State
regarding the construction and maintenance of the means of communication of
national or military importance.
The President with the consent of Parliament and the Government of a State
may confer powers or impose duties on State officers in respect of matters lying
normally outside their jurisdiction. In such cases, the Centre bears the extra cost
involved in the discharge of these duties.
Co-ordination between States. To promote inter-State co-ordination the
President is authorised to appoint an inter-State Council. The function of the
Council is:
(a) to enquire into and advise upon the disputes between States; and
(b) to explore possibilities of promoting interests which the Union and the
States have in common.
Financial relations. Before partition revenue resources of the Provinces were
inelastic. The new Constitution seeks to remove this defect. It lays down a broad
scheme for the distribution of resources between the Centre and the States. But it
leaves the task of detailed allocation to the Finance Commission to be brought
into being within two years by the President.
Emergency powers. Among the Union Government’s many onerous
responsibilities, it has (i) to raise the standard of its administration and
legislation to the level of the Directives, (ii) plan and co-ordinate the various
social-service functions and nation-building activities of the units, and (iii) assure
all citizens of equal enjoyment of the benefits of democracy conferred on the
people. Furthermore, besides protecting every State against external aggression
it has to safeguard internal security so that the government of every State is
carried on in accordance with the provisions of this Constitution.
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Thus in an emergency the Centre can issue any directive with respect to the
exercise of its executive authority, and its jurisdiction, both legislative and
executive, can be extended to cover the entire field of State jurisdiction. The
provisions for the distribution of revenues between the Union and the States can
also be modified by the President.
By issuing a proclamation the President may also authorise the Centre to
assume either partial or complete control of a State, if the latter’s administrative
machinery breaks down.
The importance of emergency provisions need not be exaggerated. In normal
times these measures will remain a dead letter. Even in an emergency, Parliament
can control, the President in the exercise of his powers.
7. THE EXECUTIVE AUTHORITY
Parliamentary Government
The Indian Constitution provides for a parliamentary form of government.
Accordingly, the executive is individually and collectively responsible to the
legislature in respect of all its functions and decisions and actions. The legislature
controls the executive through legislation, questions, no-confidence motions as
well as by controlling the purse. At general elections the common people are
given an opportunity to give their verdict and elect a new Parliament.
This system of government differs vitally from that of the United States of
America where the President is the real executive and the Cabinet is only his
shadow. Under the Indian Constitution, however, “the President occupies the
same position as the King under the English Constitution. He is the head of the
State but not of the executive. He represents the nation but does not rule the
nation. His place in the administration is that of a ceremonial device on a seal by
which the nation’s decisions are made known.”
Election of the President. The President will be indirectly elected by an
electoral college consisting of the elected members of both Houses of Parliament
and the Legislatures of the States. The election will be by the method of
proportional representation by means of a single transferable vote. The
resident being a nominal head, direct election was considered unnecessary,
oreover, it is difficult to provide a suitable electoral machinery for all the adult
voters, that is, for about 188 million people.
In the presidential election, the number of votes each elected member of the
egis ature of a particular State can cast will be ascertained by a method which
W1 e c ^ ear fr° m the following example given in the Constitution:
The population of Bombay is 20,849,840. Let us take the total number of
o ected members in the Legislative Assembly of Bombay to be 208 (i.e., one
member representing one lakh of the population). T o obtain the number of
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votes which each such elected member will be entitled to cast at the election
of the President, we have first to divide 20,849,840 (which is the
population) by 208 (which is the total number of elected members), and
" then to divide the quotient by 1,000. In this case, the quotient is 100,239.
The number of votes which each such member will be entitled to cast would
be 100,239/1,000, i.e., 100 (disregarding the remainder 239 which is less
than five hundred).
In the case of an elected member of either House of Parliament, i.e., the
Central Legislature, he can cast such number of votes as may be obtained by
dividing the total number of votes to be cast by all the elected members of the
legislatures of the States by the total number of the elected members of both the
Houses of Parliament.
Qualifications. The qualifications needed by the candidate for the office of the
President are that he ( 1 ) should be a citizen of India; (2) must have completed the
age of 35 years; and (3) is qualified for election as a member of the House of the
People. A government servant, however, is ineligible for election as President.
Term of office. The term of office of the President is five years unless he resigns
earlier or is removed from office by impeachment. The President is eligible for re-
election. The President will have an official residence and draw a salary of
Rs. 10,000 per month. The salary cannot be reduced during his term of office. He
is also entitled to the same privileges, including allowances, as the Governor-
General before the commencement of the Constitution.
Protection , The august office of the President of the Indian Republic carries
with it great dignity and legal privileges. The President is not answerable to any
court for the exercise of the powers and duties of his office except in case of
impeachment. No criminal proceedings can be instituted against him during his
tenure of office. Nor can any civil proceedings be launched in which relief is
claimed against him until two months’ notice has been given to the President in
writing.
Impeachment. The Indian Constitution provides for the impeachment of the
President for “the violation of the Constitution”. A motion to that effect might be
initiated in either House of Parliament but must be passed in the form of a
resolution by a two-thirds majority. Fourteen days’ notice, signed by one-fourth
of the total members of the House, must be given in advance, while the charges
must be investigated by a House other than the one framing them. If a resolution
is passed the President is forthwith removed from office.
Powers. The Constitution vests all executive authority of the Union, including
the supreme command of the Defence Forces of India and the power to grant
pardon and to remit punishment or to commute the sentence of any convict in
certain cases, in the President. All important appointments are to be made by
him, including those of the Governors, Diplomats, Judges of the Supreme and
High Courts, the Chairman and Members of the Federal Public Service
Commission, the Attorney-General of India and the Comptroller and Auditor-
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317
General of India. He will also appoint the Election Commission, the Finance
Commission and the Commissions which will report on the administration
of the scheduled areas and will investigate the condition of socially and
educationally backward classes.
The legislative authority of the President extends to issuing ordinances during
the recess of Parliament. He will make regulations for the peace and good
government of the scheduled areas. He will send bills to Parliament for
reconsideration, dissolve the House of the People, convene the joint sessions of
both the Houses and address or send messages to one or both of them. In
financial matters no money can be granted unless it is recommended by the
President, nor can the money bills be introduced except on his recommendation.
Emergency powers. As in the case of the Weimar Constitution of Germany,
the Indian Constitution gives wide powers to the President in an emergency. It
contemplates three types of emergencies and correspondingly three kinds of
promulgations which the President can make.
Emergency caused by war or internal disturbances. I f a grave emergency exists
which threatens the security of India or any part of her territory by reason of war
or external aggression or internal disturbances, he may declare an emergency.
Sometimes this declaration may be made in anticipation of war or aggression or
civil commotion.
The authority of the President, however, is always subject to the authority of
Parliament. Such a proclamation must be made before each House of
Parliament. It will cease to be valid at the end of two months unless otherwise
decided by both the Houses of Parliament. Even so it can operate only for 6
months and may not be extended beyond 3 years. In the event of an emergency
the jurisdiction of the Centre can supersede the legislative powers of the State.
The President can either for a short period or for the whole period of the
emergency suspend the right of the individual to move the courts to enforce
fundamental rights. At the same time the President has the right to modify the
normal allocation of the country’s financial resources for the financial year.
Failure of the constitutional 'machinery in States. If the President is satisfied
(on reports received) that the government of a State cannot be carried on in
accordance with the provisions of the Constitution, he can issue a proclamation to
that effect. He can then himsclfassume all the functions of the Government of the
State including the powers of the Governor or the Rajpramukh. He can also
declare that Parliament would exercise the powers of the State legislature. He
can also suspend any part of the Constitution relating to any body or authority in
the State. The only exception is that he cannot assume any of the powers vested in
or exercisable by the High Court. Nor can he suspend the operation of any
provisions of the Constitution relating to that Court.
As regards legislative powers, Parliament can delegate the power to make laws
for the State to the President or any authority specified by him. The President,
however, cannot promulgate ordinances for the States when both the Housesof
Parliament arc in session. If the House of the People is not in session,
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expenditure from the Consolidated Fund of the State can be authorised by him
pending action by Parliament.
Financial emergency. If the President is satisfied that a situation has arisen
whereby the financial stability or credit of India or any of its territories is
threatened, he can declare a financial emergency. In such an event he can issue
necessary directions, including suggestions for the reduction of salaries and
allowances of public servants belonging to the Union or the States. All money
bills passed by the States’ legislatures are also subject to the consideration of the
President.
The procedure and duration of emergencies in the last two cases is the same as
in the case of the first declaration.
Although the President has all these formal powers, it does not follow that he
will exercise them in an arbitrary manner. He is the titular head of the Republic.
The real head of the executive will be the Prime Minister and the Cabinet, i.e., the
Council of Ministers will be the executive organ. The Indian Constitution
ensures the leadership and dominance of the Cabinet and leaves it to Parliament,
the courts and the people to keep a check on its action.
Although there is no specific provision that the President is to act on the advice
of the Ministers, the relationship between the President and the Council of
Ministers will probably be governed by a Convention. In this matter the Indian
Constitution will follow the British procedure.
Tlte Vice-President. The Constitution provides for a Vice-President of India,
who is an ex-officio Chairman of the Council of States. In this respect, his office
corresponds to that of the Vice-President of the U.S.A. If the President is ill, if he
resigns or dies or is removed or is for any reason absent, the Vice-President shall
officiate as President. But unlike the American Vice-President he does not
automatically become the President for the rest of the term when the latter
resigns or dies.
Election. The Vice-President is elected in a joint meeting of both the Houses of
Parliament according to proportional representation by the single transferable
vote. Any citizen of India aged 35 years qualified for membership of the Council of
States is eligible for the office. The Vice-President may be removed from his
office for incapacity or want of confidence.
Council of Ministers. The Constitution provides that there shall be a Council of
Ministers with the Prime Minister at the head, to aid and advise the President in
the exercise of his functions. The leadership of the Prime Minister is explicitly
recognised. It is laid down that while the Prime Minister shall be appointed by
the President, the other Ministers shall be appointed by the President on the
advice of the Prime Minister. It is the Prime Minister who is the link between the
Cabinet and the President. It is for him to communicate to the President all
decisions of the Cabinet relating to the administration and legislative affairs of
the Union and to furnish to him all other information that would be sought by
him. The President is, however, authorised to submit for consideration of the
Council of Ministers any matter on which a decision has been taken by a Minister
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and which still awaits consideration by the Council.
The Ministers hold office during the pleasure of the President, but this
provision is coupled with another which stipulates their collective responsibility
to the House of the People. This means that “a Minister would be liable to
removal on two grounds, namely, want of confidence and impurity of
administration.” The Ministers are required to take the oaths of office and
secrecy and draw such salaries as were paid to them before the commencement of
the Constitution.
8. ADULT FRANCHISE AND NEW PARLIAMENT
One of the outstanding features of the Indian Constitution relates to adult
franchise. It lays down that “the election of the H ouse of the People shall be on the
basis of adult suffrage; that is to say, every citizen who is not less than twenty-one
years of age and is not otherwise disqualified under this Constitution or under any
Act of Parliament on the ground of non-residence, unsoundness of mind, crime
or corrupt or illegal practice shall be entitled to be registered as a voter at such
elections”. This provision which is characterised by some as the “fountain spring
of democracy” entitles every adult in India, male or female, a share in the
Government and casts on 1 60 million people the mantle of political masters.
Dr. Rajendra Prasad has observed:
We have provided for adult suffrage by which the Legislative Assemblies
in the Provinces and the H ouse of the People in the Centre will be elected. It
is a very big step that we have taken. It is big not only because our present
electorate is a very much smaller electorate and based very largely on
property qualification, but it is also big because it involves tremendous
numbers. Our population now is something like 320 millions if not more,
and we have found from experience gained during the enrolment
of voters that has been going on in the Provinces that 50 per cent roughly
represent the adult population. And on that basis we shall have not less
than 160 million voters on our rolls. The work of organising election by
such vast numbers is of tremendous magnitude and there is no other
country where election on such a large scale has yet been held.
The Legislative Assemblies in the Provinces, it is roughly calculated, will
have more than 3,800 members who will have to be elected in as many
constituencies or perhaps a few less. Then there will be something like 500
members for the House of the People and about 220 members for the
Council of States. We shall thus have to provide for the election of more
than 4,500 members and the country will have to be divided into something
like 4,000 constituencies or so. I was the other day, as a matter of
amusement, calculating what our electoral roll will look like. If you print 40
names on a page of foolscap size, we shall require something like 20 lakhs
of sheets of foolscap size to print all the names of the voters and if you
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combine the whole thing in one volume the thickness of the volume
will be something like 200 yards. That alone gives us some idea of
the vastness of the task and the work involved in finalising the rolls,
delimiting constituencies, fixing polling stations and making other
arrangements which will have to be done between now and the winter of
1950-51 when it is hoped the elections may be held.
The Constitution sweeps away all the antiquated and undemocratic
qualifications— property, income, status, titles, literacy, etc., which under the Act
of 1919 debarred 97 per cent and under the 1935 Act 90 percent of the people of
India from exercising their elementary right of citizenship, the right of voting.
The Constitution removes the notorious system of communal electorates which
had broken up the Indian society into statutorily communal compartments.
Citizens in India will now vote as individuals and not as Hindus, Muslims or
Christians. There shall , be one general electoral roll for every territorial
constituency and no person shall be ineligible on grounds of religion, race, caste,
or sex.
Parliament
In the Indian Constitution the Central Legislature is called Parliament. It
consists of the President and the two Houses to be known respectively as the
Council of States and the House of the People. The President is an integral part
of Parliament. All bills passed by the two Houses must have his formal assent and
all acts will be enforced and promulgated by him.
Council of States. Like other federal constitutions, the Indian Constitution
also envisages a bicameral system. The Council of States, as its name implies, will
include representatives from the States, the constituent units of the Indian
Union. It is a permanent body, one-third of its members retiring every second
year. Its maximum strength is 250, and corresponds to one-half of the House of
the People. Out of these, 12 members will be nominated by the President from
amongst well-known personalities in the realm of arts and letters, science and
social services. The rest will be representatives of the States. According to the
Fourth Schedule which relates to the allocation of seats to the States, the States
specified in Part A will have 145 representatives, while the States in Parts B and C
53 and 7 respectively.
Elections for the Council of States will be indirect. In other words, the
representatives of the States specified in Parts A and B will not be elected directly
by the people. Instead, they will be elected by an electoral college consisting of the
elected members of the Legislative Assembly of a State. Elections will be by the
system of proportional representation and the single transferable vote.
According to this system, a voter votes for only one candidate; but he may indicate
the sequence of candidates for whom he would like to have his vote considered.
By this arrangement, he is reasonably assured that his vote will not be wasted. As
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regards the States mentioned in Part C, the Constitution leaves the method of
selection to be determined by Parliament.
House of the People. The maximum strength of the House of the People is
fixed at 500 members, directly elected by the voters in the States. Provision has
been made for the reservation of seats for the Scheduled Castes and Scheduled
Tribes. Members of the Anglo-Indian community can also be nominated by the
President to the House of the People.
Normally the life of the H ouse is five years unless it is dissolved earlier. During
an emergency its life can be prolonged by one year at a time. It cannot, however,
continue beyond a period of six months after the proclamation has ceased to
operate.
Constituencies. For the purpose of election the States are to be divided into
territorial constituencies “and the number of representatives to be allotted to
each such constituency shall be so determined as to ensure that there shall be not
less than one representative for every 750,000 of the population and not more
than one representative for every 500,000 of the population”. The overall
condition is that the ratio between the number of representatives allotted to a
constituency and its total population (as ascertained at the last preceding census)
must be uniform throughout India.
Fair elections. To ensure fair elections an independent Election Commission
will be appointed. It will be responsible for the preparation of electoral rolls and
the conduct of elections. To that end an independent status is assured to the Chief
Election Commissioner.
Sessions. The Constitution stipulates that both the Houses should meet at least
twice every year and that not more than six months should elapse between the
two sessions. This ensures regular sessions of the legislature. It also safeguards
against any attempt on the part of the Executive to keep off the legislature for a
long time.
The quorum prescribed is ten per cent of the total membership of the House.
All the decisions are to be carried out by a majority of the members present and
voting. The Speaker is given only a casting vote. The presiding officers of the
Upper House are called the Chairman and the Deputy Chairman. The
corresponding officers of the House of the People are the Speaker and the
Deputy Speaker.
Qualifications for membership. The qualifications for a member of Parliament
are that he
1. should be a citizen of India;
2. should not be less than 30 years of age in the case of the Council of States
and not less than 25 years in the case of the House of the People; and
3. possesses such other qualifications as may be laid down by Parliament.
Disqualifications for membership. A person is disqualified for being a member
of Parliament if he
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(a) holds any office of profit under any Government in India;
(b) is of unsound mind;
(c) voluntarily acquires the citizenship of a foreign State; and
(d) is so disqualified by or under any law made by Parliament.
All disputes concerning membership are to be referred to the President
for decision. He is, however, required to act in these cases on the opinion of the
Election Commission.
Privileges. The Constitution assures the members freedom of speech in
Parliament. This freedom is, however, subject to the provision of the
Constitution and the rules and standing orders of Parliament. The legislators are
also granted immunity from penal action for any speech made or, vote given by
them either before the House or any of its committees. This relief also covers the
publication of the proceedings of the House. Until defined by Parliament, other
powers, privileges and immunities of the members of the House are those of the
House of Commons of the United Kingdom.
Legislative procedure. Although there is bicameral legislature at the Centre,
the Constitution safeguards the ultimate supremacy of the Lower House in all
matters of legislation. In financial affairs, its authority is final and supreme. The
detailed rules of procedure are to be framed by each House of Parliament. The
Constitution only lays down the broad outlines of the procedure. Among others,
it provides that bills other than the money bills can be introduced in either House.
The money bills must be initiated in the Lower House.
Procedure regarding ordinary bills. The non-money bills must be passed by
both Houses. But in case of a deadlock between the two Houses, the President
can summon them to meet at a joint sitting. At such joint meetings the decisions
are taken by a majority of total members of both the Houses present and voting.
A bill so adopted is deemed to have been passed by both the Houses.
Procedure regarding money bills. A money bill, after its passage from the
H ouse of the People, is sent to the Council of States which must return it with its
recommendations within a fortnight. The House of the People may accept or
reject them. The bill as finally adopted by the House of the People is considered
to have been adopted by both Houses.
Annual financial statement. Under the Constitution, the President is to
arrange to lay before both Houses of Parliament a statement of the estimated
receipts and expenditure of the Government of India. This is called the “Annual
Financial Statement”. It shows the sums to be charged to the Consolidated Fund
of India, that is, the Central purse, and the sums required to meet other
expenditure. The former category of expenditure is non-votable while the latter
is votable.
Financial procedure. Parliament has an opportunity to exercise effective
control over the finances of the Government of India. Votable estimates are to be
submitted directly to the House of the People. The Council of States does not
come into the picture. The House of the People can assent to or refuse or reduce
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the grant. All demands for grants are made on the recommendations of the
^AteTthe demand for grants follows the appropriation bill, which seeks to
appropriate from the Consolidated Fund of India money required to meet the
grants made by the House of the People and the expenditure charge to the
Consolidated Fund of India. The procedure adopted follows that of Great
Britain Canada, Australia and South Africa. No amendment is permissible, it
it has the effect of varying the amount or altering the destination of any grant or
reducing the amount of any expenditure charged to the Consolidated Fund of
India. It is further provided that all money from the Consolidated Fund should
be withdrawn in conformity with the provisions of the Appropriation Act.
The taxation proposals of the Government and other relevant matters take the
shape of a Finance Bill. The Finance Bill is initiated on the recommendation of the
President and is introduced in the House of the People.
Other grants. The House of the People is given authority to make any grant in
advance pending the completion of the procedure. This is known as votes on
account. This procedure will enable the House to devote more time to the
discussion of the budget. It will no longer be necessary for the House to vote on
all demands for grants by the end of the financial year.
The House of the People can also sanction votes of credit and exceptional
grants. The Constitution provides for the grant of supplementary, additional or
excess grants and till they are made by the House of the People, the President can
make advances out of the Contingency Fund.
9. THE GOVERNMENT OF THE STATES
The Executive
The governmental machinery of the States (mentioned in Parts A and B of the
First Schedule) closely resembles that of the Union. The executive authority is
vested in the Governor. He is to exercise it either directly or through the officers
subordinate to him (in accordance with the Constitution). This, however, does
not prevent Parliament or the Legislature of the State from conferring functions
on any of his subordinate authority.
The Governor is appointed by the President by warrant under his own hand
and seal. He holds office at the pleasure of the latter. His tenure of office is 5 years
unless he resigns early. Only Indian citizens who have attained the age of 35 and
are not members of the Central or State Legislature are eligible for appointment
to this office If a person is a member of any legislature at the time of
, PP°' nlm J > nt > his seat shall be deemed to have fallen vacant from the same date.
ike the Governor-General, he too is required to take an oath or make an
affirmation before he enters upon his office
Besides a fret official residence, the Governor of a State will draw a salary of
s.5,500 per mensem and such other allowances and privileges as were drawn by
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the Governor of a Province.
Powers. The Governor appoints the Chief Ministerand on his advice the other
Ministers. He also appoints the Advocate-General. He can make rules for the
transaction of business of the Government of the State. He enjoys the power to
grant pardon or suspend or remit or commute sentences in certain cases. He
convenes or prorogues sessions of either House of the State Legislature,
dissolves the Legislative Assembly, gives assent to a bill or reserves it for further
consideration of the President. He can send back a bill for the reconsideration of
the Legislature, communicate messages to or address the Houses. Like the
President he is empowered to promulgate ordinances during the recess of the
Legislature. No money bill can be introduced in the House nor any demand for
grant be made except on his recommendation.
As at the Centre, there will be a Council of Ministers with the Chief M inister to
aid and advise the Governor in the exercise of his functions except in so far as he
is required to exercise his function in his discretion. For the States also the
Constitution contemplates the Cabinet system. But in order to furnish all
necessary information to the Governor and to enable him to exercise better his
authority as the Head of the State, the Chief Minister is directed (1) to submit to
the former all decisions of the Council ofMinisters relating to the administration
of the affairs of the State and proposals for legislation, (2) to supply such
information relating to the administration of the affairs of the State and
proposals for legislation as the Governor may call for, and (3) if the Governor so
requires, to submit for the consideration of the Council ofMinisters any matter
on which a decision has been taken by a Minister but which has not been
considered by the Council. In Bihar, C.P. & Berar, and Orissa, the Constitution
stipulates a minister-in-charge for tribal welfare.
Like the Lieutenant-Governors in Canada and the Governors under the
Government of India Act, 1935, the Governors of the States under the new
Constitution will be required to see that the necessary orders and directions of the
Central Government are carried out by the Governments of the States. The
President can make provision for the discharge of the functions of the Governor
of a State in any contingency not provided for in the Constitution.
In States as mentioned in Part B. The Heads of the States (mentioned in Part
B of the First Schedule) are known as Rajpramukhs recognised as such by the
President. They were appointed in accordance with the agreements made
between the States Unions and the Government of India. In Jammu & Kashmir
and Hyderabad, however, the present rulers continue as the heads. Their salaries
are also fixed under those agreements. Besides a free official residence, they are
entitled to such other allowances and privileges as the President may determine.
The executive authority of these States is vested in the Rajpramukh. There is a
Council of Ministers to aid and advise him. In the transitory period, i.e., till such
time as the properly constituted legislatures and the cabinets come into being, the
members of the Council of Ministers are to be appointed by the Rajpramukhs.
As most of these States had so far no responsible form of government, their
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transition to a representative form of government cannot, of course, be very
quick. The Constitution, therefore provides that for 10 years, or such other
period as may be prescribed by Parliament, the Governments of these States shall
function under the general control of the Government of I ndia. They are directed
to comply with all instructions which the President may issue from time to time.
Failure on the part of the State’s Government to comply with the directions given
by the President would be considered as failure to carry out the government of
the State in accordance with the provisions of the Constitution.
The State of Jammu & Kashmir stands on a different footing. Here the
jurisdiction of the Centre is limited to those matters in the Union and the
Concurrent Lists, which, in consultation with the Government of the State, are
declared by the President as compatible with the terms of the Instrument of
Accession. It can also extend to such other matters in the Lists as may be
mutually agreed to by the Government of the State and the Government of India.
In States specified in Part C. The States specified in Part C, being Centrally
administered areas, are administered by the President through a Chief
Commissioner or a Lieutenant-Governor, appointed by him. These States can
also be administered through the Government of a neighbouring State. In that
case, however, the President has to consult the Government of the neighbouring
State and elicit the opinion of the people of the State concerned.
Parliament can provide for a Council of Advisers or a Council of Ministers for
these States. It would also lay down their constitution, powers and functions.
The Constitution as it applies to these States is a flexible arrangement meant
gradually to introduce responsible government.
The State Legislature
Like the Centre, a State Legislature will consist of the Governor and the
legislative chamber or chambers of the State. The States of Madras, Bombay,
the United Provinces, Punjab, West Bengal and Bihar will have a bicameral
legislature comprising the Legislative Assembly and the Legislative Council and
the rest of the States a unicameral legislature called the Legislative Assembly.
The bicameral system has been adopted on an experimental basis. For that
purpose Parliament is authorised to abolish the Legislative Council of a State or
create it in another State, if the Legislative Assembly of the State concerned
passes a resolution to that effect by a majority of the total membership of the
Assembly and by a majority of not less than two-thirds of the members of the
Assembly present and voting. The law giving effect to this resolution shall not be
treated as an amendment of the Constitution.
Legislative Assembly. The Legislative Assembly of a State shall continue for
five years unless it is dissolved earlier. Like the Central Assembly its duration can
be extended in an emergency for a period not exceeding one year at a time. It
must, however, be dissolved within six months after the Proclamation has ceased
to operate. The Legislative Assembly of a State is to be elected on the basis of
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adult franchise. The total number of its members shall not be more than 500 and
less than 60. The actual strength is to be determined on the ratio of one to every
75,000 of the population of that State. The exceptions are the autonomous
districts of Assam and the constituency comprising the cantonment and
municipality of Shillong where, in view of the small population, the proportion
cannot be maintained. The population of a State is to be ascertained on the basis
of the published figures of the last census. There will be no reservation of seats
except for the Scheduled Tribes and Scheduled Castes. The Governor can also
nominate members of the Anglo-Indian community to the Assembly if he is
convinced that the community needs representation or that it is not adequately
represented.
The qualifications for a member of the Legislative Assembly are that he should
be (1) a citizen of India, (2) not less than 25 years of age, and (3) possess such
other qualifications as may be prescribed by Parliament.
Legislative Council The Legislative Council of a State shall comprise not less
than 40 members and not more than one-fourth of the total membership of the
Assembly of that State. It has a diverse personnel. Nearly one-third of its
members are to be elected by electorates consisting of the members of
municipalities, district boards, and such other local authorities in the State as
Parliament may specify. About one-twelfth shall be elected by electorates
comprising graduates of three years’ standing in the State. Another one-twelfth
shall be elected by teachers who have served for at least 3 years in an educational
institution within the State not lower in standard than that of a secondary school.
One-third shall be elected by members of the Legislative Assembly from amongst
persons who are not members of the Assembly. The remainder shall be
nominated by the Governor. They will include persons who have special
knowledge or practical experience in literature, science, art, cooperative
movements and social services.
The Legislative Council of a State is a permanent body with one-third of its
members retiring every second year. The minimum age limit of a member of the
Legislative Council is 30 years. Other qualifications are the same as that of the
members of the Legislative Assembly.
Other provisions. The provisions relating to sessions, officers of the Stale
Legislature, voting in Houses, disqualification of members, vacating of scats,
privileges, legislative and financial procedure, etc., are, except for minor
variations, the same as in Parliament. One of the fundamental differences,
however, is thatthere is no provision for a joint sitting of the two Houses of the
State Legislature for resolving differences on a bill. In the case of a State
Legislature the revised decision of the Lower House, subject to certain
conditions, will prevail.
In Stales specified in Part C. The Constitution also envisages legislative
bodies for the States mentioned in Part C of the First Schedule. Parliament may
create a body, whether nominated or partly elected, to function as a legislature
for these States.
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327
10. THE THREE SAFEGUARDS
The Judiciary
A well-integrated, competent and independent judiciary is the sentinel of
democracy. It safeguards the rights and liberties of the people. In a federal
structure it is also the guardian of the Constitution. For it is only through the
judiciary that the powers of the different organs are kept under control. In
addition to a directive, the Indian Constitution has, therefore, sought to adopt
special provisions to give an independent status to the judiciary.
Supreme Court. At the apex of the Indian Judiciary stands the Supreme
Court. Normally it would consist of a Chief Justice and seven other judges. The
Privy Council now ceases to be the highest tribunal of the land. In the method of
appointment, the Indian Constitution follows a middle course. It does not give
absolute discretion to the executive, a method in vogue in Great Britain. Nor
does it imitate the American system, in which the President appoints the judges
with the concurrence of the Senate. The latter, however, is open to unwholesome
political influences. Thus in the appointment of judges, the Constitution
stipulates adequate consultation with the judicial authorities. In the case of the
appointment of the Chief Justice of India, the President must consult such judges
of the Supreme Court and the High Courts as he may deem necessary. On the
other hand, for the selection of the other judges of the Supreme Court, he is
required only to take the Chief Justice into confidence.
Tenure. In order to attract the best legal talents in the country, any judge of
the High Court of at least 5 years’ standing or an advocate of a High Court with
10 years’ practice or a distinguished jurist is eligible to become a judge of the
Supreme Court. Security of tenure is guaranteed to every judge. He holds office
till he is 65 years old. A judge can be removed on the ground of proved
misbehaviour or incapacity. The President can remove him only when an address
has been presented against him by each House of Parliament. This must be
supported by a majority of not less than two-thirds of the members of that House
present and voting.
To ensure impartiality and integrity of the judges, the Constitution debars
them from pleading or acting in any court or before any judicial authority in
India. This procedure corresponds to the restrictions imposed on the future
employment of the members of the Public Service Commissions. The terms of
service of the judges include free accommodation for the Chief Justice and the
other judges who draw a monthly salary of Rs.5,000 and Rs.4,000 respectively.
The privileges, rights and allowances to which they are entitled cannot be altered
to their disadvantage once they are appointed.
If a sufficient number of competent judges are not forthcoming, both ad hoc
and retired judges may be appointed under the Constitution. Ad hoc judges can
be appointed when the Supreme Court is short of judges. For that purpose, the
Chief Justice may (with the consent of the President) appoint any eligible judge
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Dr. Rajendra Prasad:
of the High Court for short periods. Similarly retired judges can be recruited by
the Chief Justice. They will not, -however, be deemed full-fledged judges of the
court, although they will enjoy all their jurisdictional powers and privileges. The
President can also appoint one of the judges of the Supreme Court as Acting
Chief Justice in the absence of the original incumbent.
Scat. The Supreme Court will ordinarily sit at Delhi. It may also meet at such
other place or places as the Chief Justice of India may from time to time decide
with the approval of the President.
Jurisdiction. The Supreme Court, under the new Constitution, enjoys wider
powers than the High Court in any federation of the world, including the
Supreme Court of America. As a court of record, it has all the powers of such a
court, including the power to punish for contempt of court. It is both a final
interpreter of the Constitution and a final court of civil appeal. In criminal
matters, it can grant special leave of appeal and is armed with criminal appellate
jurisdiction in certain specified cases.
Original jurisdiction. The original jurisdiction of the Supreme Court relates
to constitutional disputes arising either between the State and the Government of
India, or between the States themselves. Those disputes which arise out of the
provision of treaties with the Indian States are outside this jurisdiction.
Appellate jurisdiction. The Appellate jurisdiction of the Supreme Court is
threefold: constitutional, civil, and criminal. In constitutional matters, an appeal
would arise if the High Court certifies that a case involves a substantial question
of law. The Supreme Court, however, can itself grant special leave if it is satisfied
that the case does involve such an issue. In civil cases, an appeal would generally
go to the Supreme Court, if the High Court certifies that the amount of the claim
involved is not less than Rs. 20,000. In criminal matters, the appellate
jurisdiction comprises cases where a High Court has (1) on appeal reversed the
ordqr of acquittal of an accused person and sentenced him to death; or (2)
withdrawn from trial before itself any case from any court subordinate to its
authority and has in sqch trial cdnvicted the accused person and sentenced him
to death; or (3) certified that the case is a fit one for appeal to the Supreme Court.
The jurisdiction in criminal cases can be extended by Parliament subject to
such conditions and limitations as may be specified .by it.
Other jurisdiction. The Supreme Court also inherits the jurisdiction and
powers of the Federal Court with respect to matters not specified. Further, it is
authorised to grant special leave to appeal against the judgement of any court or
tribunal in the country except those relating to the Armed Forces. Moreover, its
jurisdiction can be extended by Parliament in several other ways.
Advisory functions. The Supreme Court has also certain advisory functions.
The President can refer to it any question of law or fact of public importance.
Under this jurisdiction even those disputes which involve interpretation of
treaties or agreements of the former Indian States can be referred to it, although
ordinarily the Court has no original jurisdiction over them.
Procedure. The Supreme Court will have powers to make rules for regulating
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its practice and procedure subject to the approval of the President and provisions
of law made by Parliament. The Supreme Court will deliver all its judgements in
public with the concurrence of a majority of the judges present. But in case a
judge differs from his colleagues, he can deliver a dissenting judgement.
Authority binding on all courts. As the highest court of the country, the law
declared by the Supreme Court will be binding on all courts in India. Subject to
the provisions of any law to be made by Parliament, the Supreme Court is also
given the power to review its own judgements.
Independence of the Supreme Court. In order to ensure the independence of
the Supreme Court, the Chief Justice of India, or such other judge or officer as he
may direct, is given the authority to recruit its staff and frame rules regarding
their conditions of service. To secure the same end, the administrative expenses
of the Supreme Court, including salaries, allowances and pensions payable to its
officers, are charged to the Consolidated Fund of India and all fees and other
income of the Court are deemed part of that Fund.
High Courts. The Constitution envisages one High Court for each State. The
actual number of judges, including the Chief Justice, will be determined by the
President. The appointment of the judges will be made by the President after
consultation with the Chief Justice of India and the Governor of the State. In the
case of the appointment of a judge other than the Chief Justice, the Chief Justice
of the High Court concerned will be consulted. A judge will ordinarily hold office
till the age of 65 years. The qualifications prescribed for the judge of a High Court
are a little different from those of a Judge of the Supreme Court. Any citizen of
India who has either held ajudicial office for 10 years or has been for lOyears an
advocate of a High Court is eligible for the office.
As regards the salaries and allowances, the Constitution provides that the
Chief Justice of a High Court will draw Rs.4,000 and a Judge Rs.3,500 per month
and such other allowances as may be fixed by the President from time to time.
Like his colleagues in the Supreme Court, his emoluments and conditions of
service cannot be changed to his disadvantage during his tenure of office. The
provisions regarding the appointments of the Acting Chief Justice and the retired
judges are similar to those applicable to the Supreme Court.
The provisions relating to the High Court are based on those of the
Government of India Act of 1935. Subject to the provision of the Constitution,
and to the provisions of any law made by an appropriate legislature, the High
Courts in the States retain their present jurisdiction and powers. The limitations
on their original jurisdiction with respect to revenue affairs and acts done in their
collection are removed. The High Courts are also given powers: (I) to issue writs
for the enforcement of the fundamental rights; (2) of superintendence over civil
courts and tribunals in the State; and (3) to transfer cases from subordinate
courts to itself.
Only Parliament can add to or take away from the jurisdiction of the High Court
of a State areas outside that State. The State Legislature is not competent to deal
with the extra-statal jurisdiction.
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Subordinate courts . According to the Constitution, the appointments,
postings and promotions of District Judges will be made by the Governor in
consultation with the High Court of the State. The requisite qualifications for
this post arc that a person should already be in the service of the Union, ora
State, or that he should have been an advocate ora pleader for at least seven years
and is recommended by the High Court for appointment. Judges other than the
District Judges arc to be appointed by the Governor in accordance with the rules
to be made by him after consultation with the State Public Service Commission
and the High Court. The control over districts and other subordinate courts,
including the posting and promotion and grant of leave to these judges is vested in
the High Court.
Public Sendees
The standard and efficiency of administration in any country depends
ultimately on the calibre, training and integrity of the public services. The new
Constitution, therefore, in providing the basic conditions of public service,
tenure of office, rights, emoluments, privileges and the method of recruitment,
seeks to attract men of vision, ability and honesty to man the administration of a
welfare state. It guarantees equality of opportunity. An exception has been made
in the case of the Scheduled Classes and Scheduled Tribes for whom, subject to
the maintenance of efficiency in administration, a certain percentage of seats and
posts may be reserved.
Public Service Commissions. Recruitment to the public services through a
Public Service Commission is a well-recognised principle in democratic States.
As this principle had already been put into practice the Constitution provides for
a Public Service Commission for the Union and one for each State. But it also
permits two or more States to have a joint Public Service Commission provided a
resolution to that effect is passed by each House of the legislatures of the States
concerned. In that case. Parliament will constitute by law a joint Commission to
serve the needs of those States. The heads of the States can also approach the
Union Public Service Commission for that purpose and the latter may accede to
their request with the approval of the President.
The main function of the Union and the State Public Service Commissions is
to recommend people for appointments and to conduct examinations for
recruitment to the Central and State services. The Union Public Service
Commission is also to assist, if so required by two or more States, in framing and
operating schemes of joint recruitment for any services for which special
qualifications are required. As guardians of the services, the Public Service
Commissions are to be consulted on:
(a) all matters relating to methods of recruitment to civil services and for civil
posts;
(b) the principles to be followed in making appointments to civil services and
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posts, promotions and transfers from one service to another and the
suitability of candidates for such appointments, promotions and transfers;
and
(c) all disciplinary matters affecting a person serving under the Government of
India or the Government of a State in a civil capacity including memorials
or petitions to that effect.
They are also to be consulted in matters of claims by public servants relating to
costs incurred by them in defending legal proceedings instituted against them, as
well as for the award of pensions in respect of injuries sustained while serving the
Government. Besides, their advisory functions include such matters as may be
referred to them by the President or the Governor or Rajpramukh. Only they
will have nothing to do with posts reserved for members of the Scheduled Castes
or Scheduled Tribes or any backward class of citizens in the Union or a State. In
addition, the heads of the U nion and the State can also provide by regulation that
it will not be necessary to consult the Public Service Commission in certain
matters in general, or in any particular class of case, or in any particular
circumstances.
Personnel. The total number of the members in the Commissions is not laid
down in the Constitution. The exact strength and the conditions of service are to
be laid down by the respective heads of administration. The conditions of service
cannot, however, be revised to the disadvantage of members after their
appointment.
As the function of the Commission is to choose suitable personnel for public
services it is essential for the members to have a certain amount of experience.
The Constitution, therefore, provides that nearly one-half of the members of
every Commission should have at least 10 years’ administrative experience.
Term of office. The term of office of a member of a Public Service Commission,
unless he resigns earlier, is fixed at six years or until he attains, in the case of the
Union Commission, the age of 65 years and, in the case of a State Commission or
a joint Commission, the age of 60 years, whichever is earlier.
Removal of members. The members of a Public Service Commission are liable
to be removed by the President on evidence of misbehaviour, apart from
automatic disqualifications resulting from insolvency, engagement in other
employments, or infirmity of mind or body. The principle followed in this case is
based on the provisions of the Government of India Act, 1935, for the
removal of the High Court and the Federal Court judges. Accordingly, the
Constitution provides for an enquiry by the Supreme Court and it is on the basis
of this enquiry that the President will take action against the member.
Eligibility for further employment. In order to ensure the integrity and
impartiality of the members of the Commissions, their eligibility for further
employment under any Government is prohibited. Another step taken to ensure
the independence of the Commissions is to charge their expenses, including
salaries, allowances, pensions, etc., to the Consolidated Funds. In other words,
332
Dr. Rajendra Prasad:
the emoluments of members of the Public Service Commissions are declared
non-votable and so their tenure is not subject to the vicissitudes of political parties
or the favourable disposition of Ministries.
It is further provided that the regulations made by the President, Governors or
Rajpramukhs for the respective Commissions are to be laid before each House of
their legislatures and kept there for not less than 14 days, when they may be
amended by the latter. To prevent tampering with the recommendations of the
Public Service Commissions, the Constitution ordains that the Public Service
Commissions shall present annual reports to the heads of Governments covering the
work done by them during the year. The Governments in their turn shall place
before each House of the legislatures a copy thereof together with a memorandum
explaining the cases, if any, in which the advice of the Commission was not
accepted. The Ministries will thus be answerable for all deviations from the
recommendations of the Public Service Commissions. In this way recognition of
merit will be assured.
Comptroller and Auditor- General of India
The Comptroller and Auditor-General of India will keep a vigilant watch on
the finances and accounts of the Union and the States. He is appointed by the
President and enjoys an independent status as a judge. He scrutinises the
accounts and reports on all cases of misappropriation. He will also ensure that
the money voted by the legislatures is spent under appropriate heads. His annual
reports relating to the accounts of the Union and the States will be submitted to
the heads of the administrations before they are laid before legislature.
II. CONCLUSION
The new Constitution of India is a flexible and workable Constitution,
designed to suit all eventualities. The federal structure may function as a unitary
system in the event of an emergency such as war. This is based on a well
recognised principle that in an emergency it is the Centre which commands the
residuary loyalty of the citizens. It alone can work for the general good of the
country. The overriding powers of the Centre, however, are criticised as being
unfair to the units. But this is an erroneous conception, for the basic distinction of
a federation is the distribution of authority between the Centre and the units. In
the Indian Constitution except in emergencies this distinction will remain intact
and not even courts can alter it fundamentally. Nor can the Centre change it
permanently. M oreover, the overriding powers of the Centre are not meant to be
the normal feature of the Constitution. They are expressly confined to
emergencies. They correspond to the heavy responsibilities of the Centre both as
a guardian of the Constitution and the sentinel of the country.
The Indian Constitution endeavours to translate into practice the high concept
of a cooperative commonwealth, a happy blending of the ballot paper and
Correspondence and Select Documents
333
economic democracy. It includes the most elaborate declaration of human right
so far framed by any State. At the same time the Constitution is only a
mechanism. “However good a Constitution may be,” observed Dr. Ambedkar,
“it is sure to turn out bad because those who are called to work it happen to be a
bad lot. ’’The success of a Constitution depends upon the national character, the
spirit in which it is operated, and the goodwill of the people working it. But the
ultimate form and character of our Government will also rest on our laws,
principles, conventions and precedents, more than anything else, on the sense of
fair play, justice and equity displayed by the political parties and of the active and
willing cooperation of the people.
The Constitution is often described as the Charter of Indian Independence.
But no Constitution by itself can become the citadal of a nation’s independence.
“If the parties place creed above country,” remarks Dr. Ambedkar, “our
Independence will be put in a jeopardy a second time and probably lost for ever.
This eventuality we must resolutely guard against. We must be determined to
defend our Independence with the last drop of our blood.”
66. From Kala Venkata Rao to all Members of the A.I.C.C.
ALL INDIA CONGRESS COMMITTEE
Ref. G/2169
7 Jantar Mantar Road
New Delhi
22nd January 1950
Dear Friend,
A special meeting of the A.I.C.C. will be held in New Delhi on 18th and 19th
February 1950 for the consideration of the following subjects. Time of the
meeting and place of the meeting in New Delhi will be intimated through the
Press.
1. Changes in the Congress constitution suggested by the Working Committee
(note enclosed).
2. Any other subject placed by the Working Committee.
You are cordially invited to be present.
All Members of the All India Congress Committee.
Kala Venkata Rao
General Secretary
334
Dr. Rajendra Prasad:
Enclosure:
(Note on the working of Congress constitution)
The present constitution was adopted in April 1948 by the A.I.C.C. and was
afterwards approved, as amended, by the plenary session of the Indian National
Congress held in December 1948 at Jaipur. The constitution provides for
primary members, qualified members and effective members. Every adult can
become a primary member by subscribing * to Article I of the Congress
constitution. About 2,40,00,000 primary members have been enlisted this year in all
the Provinces excluding U.P. With U.P.’s figures added it is likely that the total
membership will exceed 3 crores. Under clause 4 (c) anyone can enrol himself as a
qualified member on fulfilling certain conditions stated therein. According to the
information received till now lakhs of qualified members have been enrolled. The
last date for the enlistment of effective members, being 31st January 1950, is yet
to pass. From the information received, however, almost every qualified
member is enrolling himself as an effective member. From the reports it is also
seen that this enlistment is being done on a competitive scale by the different
Congress groups in a number of Provinces. This is particularly true of certain
Provinces like West Bengal, Vidarbha, East Punjab and Andhra. Such an
enrolment is a fraud upon the Congress constitution. The provisions of the new
constitution have been adopted only to meet the criticism against the previous
constitution that there was bogus enrolment of four-anna members and that rich
and enterprising people used it as a means of introducing undesirable candidates
in Congress elections. But now even the new provisions are being circumvented
and abused.. There are two reasons for this state of affairs. One is the existence of
keen personal differences among certain Congressmen. The second is the attempt
to capture the Congress machinery by spending money lor enlisting qualified and
effective members because every effective member will be a voter for the election
of the delegates to the Indian National Congress and of the members of all the
Congress Committees except the village Congress Panchayats. The rush is all the
greater this year because the new P.C.C.s will have a direct hand in the selection
of Congress candidates to the legislatures in the forthcoming general elections. It
needs hardly be said that not even ten per cent of those who have enrolled
themselves as qualified and effective members now satisfy the conditions
prescribed in this behalf in the constitution. Reports are to hand that in the case
of one district in Andhra the total number of qualified and effective members
enrolled is four lakhs or even more, and that in another district in the same
Province the number is near I lakhs. Innumerable complaints are daily being
made about the enrolment of qualified and effective members in ever-increasing
numbers out of local rivalries amongst groups of Congressmen. The only check
on such enrolment now provided for in the constitution is through the
credentials committees. The credentials committees cannot possibly cope with
the work of verification of lakhs of members as to whether they arc . habitual
Correspondence and Select Documents
335
wearers of Khadi etc., or not. It will be only possible, and that too at a later stage,
that is, after the elections to the village Congress Panchayats are over, to check
the credentials of the elected panchayatdars and if they are not qualified to
disqualify them then.
Such a state of affairs would not naturally result in a fair election of the
Congress Committees and of the delegates. This Working Committee was,
accordingly, faced with four alternatives:
(a) Extension of the lifetime of the existing committees.
(b) Direct election of the Congress delegates by primary members enrolled
under the new constitution.
(c) Election of Primary Congress Panchayats by the primary members and
those elected to such panchayats to be the electorate for electing members to
the Congress Committees other than the Primary Congress Panchayats.
(d) Election according to the present constitution.
(a) The Committee did not approve of the first alternative as it would
have meant the perpetuation of the present committees elected in 1946 under the
previous Congress constitution, (b) It was felt that the direct election of delegates
by about three crores of primary members would be a well-nigh impossible task.
Alternative (d) was out of the question. The Working Committee has favoured
(c) and it has been decided to convene a special meeting of the All India
Congress Committee on 18th and 19th February 1950 at Delhi to consider
amendments of the constitution in this behalf. Accordingly this note is being
circulated explaining the need for the proposed amendments.
The Working Committee was anxious to retain the democratic character of the
organisation. Under the proposed amendments the 3 crores of primary members
will elect the members of the village Congress Panchayats, and the members of
the village Congress Panchayats, who are themselves qualified members, will
form the electoral college in each constituency and will elect the Congress
delegates and also members to the town, taluk, thana, and district Congress
Committees. The delegates elected to the Congress are, of course, ex-officio
members of the Provincial Congress Committees. Under clause (b) of Article
XII, the A.I.C.C. is the only competent authority to deal with an emergency like
this and take a decision and it has accordingly been decided to submit the
aforesaid change to a special session of the A.I.C.C. for its approval as an
emergent measure.
■ Kala Venkata Rao
General Secretary
340
Dr. Rajendra Prasad:
Government of India entrusted the relevant functions under the Central
Electoral Rules and Regulations to the Provincial Governments with their
consent under sub-section (1) of section 124 of the Government of India Act,
1935, and undertook to reimburse all expenses incurred by them in the
performance of those functions. This was recognised to be somewhat in excess of
their legitimate dues under sub-section (4) of that section, but all the same the
Provincial Governments were paid for work in connection with the holding of
elections the actual cost incurred by them on an agreed basis.
2. In principle the position will continue to be the same under the new
Constitution. Elections to either Chamber of Parliament, including the
preparation of electoral rolls, will be a Union subject. The Union may entrust to
the Government of a State with its consent the task of preparing the electoral
rolls and conducting the elections. Alternatively Parliament may by law impose
these duties on the State. While in the former case the State may refuse its consent
unless it is paid all expenses incurred by it, in the latter case the State is entitled to
get only the ‘extra costs of administration’ incurred by it.
3. At present, however, neither the Provinces nor the States which, in response
to the suggestion of the President, have taken preliminary steps for preparing
electoral rolls on the basis of adult suffrage, have any valid claim for the
reimbursement of any part of the expenses incurred by them. For one thing, it is
not a task imposed on them either under section 124 of the Government of India
Act, 1935, or under Article 235 of the new Constitution (which latter is of course
not intended to have any retrospective operation). For another, so far as all the
Provinces and those acceding States which have practically decided to adopt
adult suffrage as the basis of elections to the State Legislatures (e.g., Travancore-
Cochin or Mysore) are concerned, the work should be regarded as having been
done for their own sake, although incidentally, and at a future date, the Union
would also benefit by it. Since the other acceding States are all expected to fall
into line in this respect the same view would also be tenable in regard to them.
4. I think, therefore, we should take the line that except in the case of those
acceding States which ultimately decide not to have adult suffrage for elections to
the State Legislature, the Government of India would only be liable for any extra
cost that a Province or State might incur for getting ready the electoral rolls for
the House of the People from the electoral rolls already prepared by it for the
State Legislative Assembly. There would be no great difficulty in reaching an
agreement in due course as to the amount of this extra cost.
5. As regards the last sentence of the President’s letter dated the 13th
December, I notice that in an official letter dated the 2 1st December, the
Constituent Assembly Secretariat have already suggested to the Governments of
all Provinces and States that they “should proceed with the printing of the
electoral rolls if they agreed to leave open the question of the incidence of
expenditure on the preparation of these rolls”. Furthermore, as indicated by
H.P.M. in his letter to the President, this question has to be decided by
direct correspondence between the Government of India and the Governments of
341
Correspondence and Select Documents
the Provinces and States concerned. From this point of view, as well as several
other aspects connected with the introduction of the new Constitution, it is
desirable to set up a Constitution Branch in this Ministry and make it responsible
for dealing with all questions of this type. This was in fact anticipated in another
connection (vide correspondence resting with Mr. A.V. Pai’s letter No.
32/48/48-P.M.S., dated the 28th September 1948 to the President) and financial
sanction was obtained to the creation of a nucleus branch in this Ministry with
effect from the 1st March 1949. This Ministry is, therefore, in a position to take
over this work forthwith if so directed by the H.P.M.
6. I am submitting this note direct in the absence of the H.M. on tour. I shall
communicate his comments soon after he returns on the 26th.
K.Sundaram
19.1.49
H.P.M.
Ministry of Law u.o. Dy. No. 224/49-L, dated 20.1.49.
PRIME MINISTER’S SECRETARIAT
The Prime Minister would be glad to have the Home Ministry's comments on
this, particularly the proposal to set up a Constitution Branch in the Ministry of
Law and make it responsible for dealing with all questions of the type mentioned
in Mr. Sundaram's note.
This may please be treated as immediate.
A.V. Pai
P.P.S. to P.M.
21.1.49
Ministry of Home Affairs (Mr. H.V.R. lengar)/
P.M. Sectt. u/o No. D/S/599, dated 21/ 1/1949.
MINISTRY OF HOME AFFAIRS
I much regret having delayed a reply to this reference but I was anxious to send
a reply which was acceptable to the Ministry of Law’, the Constituent Assembly
Secretariat, and (if it was concerned at all) the Home Ministry. I have now had
the benefit of a joint discussion with Sir B.N. Rau and the Secretary' of the Law-
Ministry. We are ail three agreed that a Constitution Branch should be set up in
the Ministry of Law with effect from the 1st March 1949. Orders to this effect are
already in existence. It is true that when these orders w’ere issued it was assumed
that the new Constitution would have been passed by the end of 1948 and that the
Constituent Assembly Secretariat would have been virtually wound up by that
time. But although this assumption has not proved correct we are now agreed as to
the necessity of a Constitution Branch. There is a great deal of w’ork to be done.
342
Dr. Rajendra Prasad:
For example, the work of elections involves numerous questions including
questions such as who should bear the cost. It is appropriate that these questions
should be taken up by a Ministry of Government and not by the Constituent
Assembly Secretariat. There is also the question of examining the adaptations of
laws on the basis of the clauses of the new Constitution. This is an immense task
and the sooner-a beginning is made, the better. On all grounds therefore we are
agreed that the Branch should commence in a nucleus from 1st March 1949. As
stated earlier in the note, no fresh orders on this point are necessary.
2. The Hon’ble the President of the Assembly, has, in the absence of a specific
understanding with Government, dealt hitherto with the question of the
preparation of electoral rolls. This is a matter which we think should
appropriately fall on the Law Ministry and the Constitutional Adviser has
promised to put this point to Dr. Rajendra Prasad. I do not think there will be
any serious difficulty in getting his approval.
H.V.R. Iengar
Secretary
2.2.49
P.P.S.
No. 66/49/ PS dated 2.2.49.
I agree.
J. Nehru
Home Secretary/
P.M. Sectt. u/o No. D/S 1019, dated 4.2.49.
Secretary, Law Ministry, and Constitutional Adviser should see P.M.’s order
before the papers are returned to P.P.S.
H.V.R. Iengar
5.2
Mr. K.V.K. Sundaram/
Sir B.N. Rau/
P.P.S.
Seen. Thanks.
K. Sundaram
5.2
Seen. Thanks.
B.N. Rau
7.2.49
P.P.S./
Ministry of Law D. No. 224/49-L, dated 5.2.1949/-
C.A. of India No. 889, dated 8.2.1949.
Correspondence and Select Documents
343
Reference ‘A’ of Mr. Iengar’s note on page 5 ante. According to present
information H.P. is expected back in Delhi about the 14th instant and it is
therefore perhaps unnecessary for C.A. to write to H.P . this matter now. These
papers will be put up again on H.P.’s arrival.
P.K.
8.2
K.V. Padmanabhan
8.2
S. Mukheijee
9.2
B.N. Rau
9.2
H.P. is returning to Delhi tomorrow. These papers are accordingly
resubmitted.
P.K.
14.2
U.S./C.A.
K.V. Padmanabhan
14.2
3. A note dated 27 February 1949 from Dr. Rajendra Prasad to the Secretary,
Constituent Assembly of India
I have not yet heard what the reply of the External Affairs Ministry is to the
enquiiy when they will require Syt. Pad manabhan’s services. No appointment or
commitment to fill up the vacancy caused by Syt. Padmanabhan’s new
appointment should be made without previous consultation with me.
Rajendra Prasad
27.2.49
Secretary', Constituent Assembly/
No. 42/49-PCA., dt/27.2.49.
T.AA „ „
Dr. Rajendra Prasad:
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Prasad
Prime Minister’s House
New Delhi
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348
Dr. Rajendra Prasad:
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9. A note dated 28 August 1949 from Dr. Rajendra Prasad to S.N. Mukherjee
I found yesterday that no articles were ready for consideration. Has anything
been done since? What is the programme for Monday? I do not know if articles
236, 237, 243 to 245 and 28 1 to 283 require any discussion frith the Provincial
Ministers or the Ministries of the Government of India. If not, we might take
them up. They may take a day if not more. In the meantime the other matters may
be got ready. Then we have the schedules. We may take up the Second Schedule,
if decision has been taken regarding the salaries of various officers and also the
Fourth Schedule if no further discussion is required regarding the Instrument of
Instruction. We have decided to add some more schedules. If they are ready they
may be taken up. I suggest that we should have a time-table and allot particular
articles to particular days and efforts should be made to get ready with those
articles in time. Members raise an objection which is sometimes well founded
that they are taken by surprise. That will be avoided if we fix the time-table and.
announce it.
Rajendra Prasad
27.8.49
Syt. S.N. Mukherjee, Joint Secretary
No. 27.8.49-PCA.
Correspondence and Select Documents 349
10. A letter dated 2 September 1949 from Mahamaya to Dr. Rajeridra Prasad
2-9-49
3?rm t sttt+t £|3f t 1 3 3rasr ^TcnflHr i 3-8-49 ^3^fWt3irw3TtT
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350
Dr. Rajendra Prasad:
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11. v4 note dated 5 September 1949 from Dr. Rajendra Prasad to the Secretary,
Constituent Assembly of India
Our Constitution will finally be adopted, it is hoped, by the Constituent
Assembly sometime in November next. It will be an act of great historic
importance and future historians would like to &now all the details not only
about the Constitution itself but also of those who prepared it. I therefore think it
desirable to have some record about the personalities engaged in this work. We
started in a grand way when each member was required to sign in a book specially
prepared to be preserved as a document of historic importance. This Who’s Who
will have a significance of its own. So far as the various steps in preparing the
Constitution are concerned, they are all recorded in great detail and the large
literature which has grown up in connection with it will be available to the
historians from the records of the Assembly. This Who’s Who will complete the
picture. I would therefore like the Secretary to put someone in charge of
collecting the material which can easily be done by sending a request to all the
members to give particulars about themselves in a short compass. If they know
that this is intended for being kept in record, I think they will only be too glad to
supply the requisite information. When the information is collected it would be
put in a readable form in a small volume. It may be printed which, I hope, will be
able to pay for itself if reasonably priced.
Rajendra Prasad
5.9.49
The Secretary, Constituent Assembly.
Correspondence and Select Documents
351
12. A letter dated 20 September 1949 from Badrinath Varma to Chakradhar
Sharan
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snw,
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'l Orator ft?
*H? f'tcvfl I
Enclosure :
(Copy of a letter from Badrinath Varma to Dr. Zakir Husain)
Ranchi
The 6th September 1949
My dear Doctor Saheb,
I have just received your letter dated the 30th August last in connection with
the move to establish a National Union of Students. I am in full agreement with
the object of this move and would pray to God that it may succeed. I need not
assure you that I shall do whatever I can to further the object and as desired by
352
Dr. Rajendra Prasad:
you ask the Principals of the various Colleges to arranger to send delegates to the
National Convention of Students which is proposed to beheld in November or
December next. Perhaps you do not know that I have been a strong supporter of
the idea of a non-political non-partisan organisation of students and I have been
constantly impressing upon both the students and the heads of the educational
institutions to have such a union of students in their respective institutions. I
hope you will not be surprised when I say that during the three years that I have
been a Minister of Education I have consistently and persistently refused to
participate in any function organised under the auspices of one or other of the
various students’ organisations of the Province or to join any of their gatherings
and I have openly told the organisers of these students’ organisations that I do
not regard their union as at all a students’ organisation butrather a students’ wing
of some political organisation and I shall have nothing to do with them so long as
they have directly or indirectly some kind of political affiliation with parties
outside the educational institutions. Knowing as I do the present mentality of a
fairly large section or our students I am very doubtful if the move for a non-
partisan and non-political organisation will succeed or, even if an organisation is
set up, it will command tne allegiance of all sections of the students. But 1 agree
that an attempt has to be made and should be made and you may depend upon
me for all the support and cooperation that I can give in this matter.
With kindest regard,
Yours sincerely,
B.N. Varma
Education & Information Minister
Dr. Zakir Husain
Vice-Chancellor, Muslim University
Aligarn (U.P.).
13. A letter dated 30 September 1949 from Chakradhar Sharan to Krishna
Ballabh Sahay
^ft 3p7T FPft Ft? ^ ^ <^<t sd
Correspondence and Select Documents
353
3TOT -meicl ?&l
3th4’l,
^FSJT W
HH4W «ft <£W ^c^PT deiffl,
RM ’M, fa?TC y<^R,
Midi I
14. A note dated 14 October 1949 from Dr. Rajendra Prasad to the Deputy
Secretary, Constituent Assembly of India
The Honourable Shri Sri Krishna Sinha, the Premier of Bihar, has 6 Windsor
Place allotted to him but it is a small type of bungalow. He was telling me that
every year he has been visiting Mussoorie along with his family members but this
year he intends bringing them to Delhi during the November session of the
Constituent Assembly of India as the climate here in those days is quite healthy. As
there is no sufficient accommodation available in his present bungalow, he would
like to have a bigger bungalow having more accommodation such as those of
Ferozshah Road in exchange of the one in his possession at present. Will the
Deputy Secretary please consult the Chairman of the Housing Committee and
see to it? It may also be pointed out in this connection that it is necessary for the
Hon’ble Shri Sri Krishna Sinha to bring his family members on grounds of
health, and as the Premier of a Province he always has some members of his staff
with him.
Rajendra Prasad
14.10.49
Deputy Secretary, C.A.
15. A note dated 6 November 1949 from Dr. Rajendra Prasad to the Secretary,
Constituent Assembly of India
Although I do not like the idea of having nominated members in the
Constituent Assembly, it seems there is no help so far as things stand at present in
the Vindhya Pradesh. There is no possibility, as it appears from the note of the
Hon’ble Minister for States, of having an electoral college consisting of elected
representatives of the people or of associations within the Vindhya Pradesh. The
354
Dr. Rajendra Prasad:
only elected element is the Congress and a few members of Municipalities. The
Congress organisation also is not as widespread as in other parts of the country.
Therefore it also represents a very small proportion of the population. The device
of having an electoral college consisting of nominated members serves only to
conceal the fact of nomination. It is much more straightforward to have direct
nomination. In these circumstances I would rather have nomination. The rules
need to be amended as was done in the case of Bhopal. Immediate steps should be
taken and an amendment in the rules notified in the Gazette to enable
representatives of the Vindhya Pradesh to attend the final session of the C.A.
when the third reading of the Constitution will take place. I accordingly direct
that the rules be amended and the States Ministry be informed to see that the
Vindhya Pradesh is represented during the next session.
Rajendra Prasad
6.11.49
Secretary, C.A.
16. A note dated 7 November 1949 from Dr. Rajendra Prasad to the Secretary,
Constituent Assembly of India
I should like to have a report of the progress made by the Conference of
Linguistic Experts for evolving a common vocabulary for Indian languages as
equivalents for English expressions used in the Draft Constitution. I understand
that they have almost completed the work and would be able to give us the final
report by the 25th instant. If so, the Hindi translation should be revised and
wherever any change is necessitated on account of the decision of the Conference,
the change should be introduced and the translation completed so that we may
send it to the press as soon as the Constitution is finalised at the third reading
stage.
2. As regards the translation in other languages, we must initiate
correspondence with the local governments to help us in getting the translation
made. We may mention the names of representatives who have attended this
Conference representing the languages used in their regions and ask them to take
such steps as they consider necessary for this. The vocabulary evolved by the
Conference should be used for the various technical expressions which occur in
the English Draft. It would be desirable to have translation in as many languages
as possible ready so that we may as far as possible publish the translation along
with the Hindi translation before the 26th January. Since the technical
expressions have not to be thought out, the work of translation becomes very
much easier now. Hence it should not be difficult for the translators to complete
the translation well in advance.
3. I believe the work of collecting English words from Acts in force is going
355
Correspondence and Select Documents
ahead. When the Conference of experts has finished the work in connection with
the constitutional terms used in the Draft Constitution, it will take up the work
of finding equivalents of English legal and administrative expressions in the same
way as is done in the case of constitutional terms. The work of the Conference has
very well been facilitated by the spade-work already done by the Hindi
Translation Committee. I think it would save cost if something similar is done in
regard to legal and administrative terms also before the Conference actually sits to
finalise them. As in this case the translation can be taken only, if at all, after the
terminology has been fixed, we do not need a Translation Committee but we
might collect from dictionaries, from translations in various languages already
available, and from other sources Indian equivalents for the English words and
place them all together so that the Conference may select the best out of them
which would be acceptable as far as possible to all languages or at any rate to
a majority of them. I believe a great deal of work in this line has already been done
and various dictionaries have been prepared as also some translations are
available and some of the codes and acts now are in force. We could put some
Research Officers who know some Indian languages on this work. If necessary,
we might appoint new men with special qualifications and experience of such
work on this job. 1 should like to have a note giving details about the way in which
the work can be done together with an estimate of the time and cost involved in
this preliminary work so that if necessary we might place it before the Staff and
Finance Committee for sanction.
4. As this work is not likely to be completed before the Constituent Assembly
with its Secretariat ceases to function as such, it will have to be considered
whether it is the C.A. (Legislative) or the Law Ministry or the Education
Ministry which should be asked to continue and complete it. It is necessary to
keep this in view in framing the estimate.
5. I have received a letter from Shri L.K. Bharati in connection with
translation which 1 am enclosing herewith, as also one from the HonTjle Shri R R
Diwakar.
Rajendra Prasad
Pilani
c „ , ^ . 7.11.49
Secretary, Constituent Assembly of India.
Enclosure not included.
17. A note dated 1 November 1949 from
Constituent Assembly of India
Dr. Rajendra Prasad to the Secretary,
As regards the illumination the following
correspondence with Shri Nandalal Bose:
points must be cleared
by
356
Dr. Rajendra Prasad:
(a) We must give him the size of the paper and leave it to him to decide what
the best plan would be and what space should be left between the design and the
calligraphy. From the plan which is attached to the letter of Shri Nandalal Bose
dated 31st October, it seems that the size of the paper should be 18" by
14", that the design should cover 2Vi" in width and that he wants to know
what the measurement of the space should be between the design and the writing.
I think it better to leave it to him to decide what would be best from the artistic
point of view. We should only suggest that there should be sufficient margin left
on the left side for binding.
(b) We should ask him also how the work will be executed and under whose
supervision, if he himself is unable to supervise the whole of it. Possibly he might
give us someone who could supervise the whole work under his guidance.
(c) We should get an idea from him of the cost per page so that we may find out
what the total cost would be.
(d) We may find out what he exactly means by “the papers being designed
before the writing is started”. I do not think it means completing the illumination.
It simply means leaving the necessary space according to plan for illumination
which may be done even after the manuscript has been written out.
2. As regards calligraphy, I have seen all the samples and have had the
advantage of consulting the Hon’ble Sardar Vallabhbhai Patel, the Hon’ble Shri
Satyanarayan Sinha, Shri G.D. Birla, and Shri V. Shankar, P.S. to the Hon’ble
Sardar Vallabhbhai Patel, who are all here. We all agree that of all the
calligraphists only two appear to us to be the best. They are: Shri *
B. A., Jai Hind Flour Mill, Peepal Mandi, and Shri Prembehari Narain Raizada,
C/ o Govan Brothers (Rampur) Ltd., Rampur. It would be desirable to find out
from them what they would charge and what time they would take to complete
the work. We must point out to them the number of pages of the book and the
number of words which each page contains on an average so that they might
estimate the time that will be taken. We should also inform them that we can give
them the matter not later than 25th of this month and they must get the thing
ready by about the 20th of January 1950 at the latest. We may even divide the
work between the two if one is not able to complete it within time. The division
will have to be chapter by chapter so that one chapter may be in the handwriting
of one followed by a chapter in the hand writing of the other. I think the best thing
would be to find out the charges per page so that we might in that way ascertain
the total cost involved as also the remuneration that they would expect for one
day’s work.
3. The estimate of cost given by the other applicants appears to be extravagant
and we cannot entertain their applications.
4. If the thing can be done at a reasonable cost we should undertake it. We can
take a decision only after my return. In the meantime the information sought
should be obtained.
5. I have noticed an application from Mr. Earnest Joseph who illuminated the
book showing the signatures of members. I wonder if it would be possible to fit
357
Correspondence and Select Documents
him in with the plan which Shri Nandalal Bose
returned.
would make. The samples are
Rajendra Prasad
Camp: Pilani
7-11-49
Secretary, C.A.
♦Name illegible.
18. A letter dated 10 November 1949 from Abul Kalam Azad to Dr. Rajendra
Prasad*
cfrt^Ttri <*) ghTl I 4AS>fWl dd>ty*T
41m^ 'K \1V<
3T^T 4><diH
*The letter was originally written in Urdu.
19. A letter dated 1 1 November 1949 from Dr. Rajendra Prasad to Abul Kalam
Azad
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358 Dr. Raj end ra Prasad:
20. A letter dated 21 November 1949 from Ram Bachan Lai to Dr. Rajendra
Prasad
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Correspondence and Select Documents
359
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21. A letter dated 22 November 1949 from Jaglal Choudhary to Dr. Rajendra
Prasad
Patna
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22. A letter dated 23 November 1949 from Chakradhar Sharan to Anugrah
Narayan Sinha
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360 -
Dr. Rajendra Prasad:
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24. A letter dated 2 December 1949 from Chakradhar Sharan to Sri Krishna
Sinha
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Chakradhar Sharan
Patna
12.12.49
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362
Dr. Rajendra Prasad:
26. A note by Jugal Kishore Khanna, dated 16 December 1949
During my recent visit to Santiniketan plans for illumination and designing of
the calligraphed pages of the Constitution of India were discussed fully with Shri
Nandalal Bose and his assistants, and the following arrangements were
finalised:
1. That mill-bourne hand-made paper, samples of which had been sent to
Santiniketan in advance, would meet the requirements of the artists and that
hand-made paper made in Wardha will not be serviceable for the kind of work in
view.
The other proposal considered was to use Nepali hand-made paper, but it was
not readily available. The proposal was, therefore, dropped.
One hundred sheets of mill-bourne hand-made paper, 16" X 22", which I
had taken with me, were made over to Shri Nandalal Bose.
2. That the artists at Santiniketan, who will work under the supervision of Shri
Nandalal Bose, will send us at least 100 sheets with border illumination for
calligraphy before the 23rd December 1949, and calligraphed pages completed
by our calligraphist but without border illumination will be sent to Santiniketan
for the purposes of illumination. More pages according to our requirements but
not exceeding 350 in all (our Constitution book contains 200 pages) will follow
later on and the work of calligraphy and border illumination would be completed
by the 20th of January 1950.
3. That Shri Nandalal Bose, who concurred with the Hon’ble the Prime
Minister’s suggestion, would avoid multi-colour illumination. His plan is to have
real gold spray on the margins and beautiful border illumination in rectangular
form all round the space of 8" X 13" in the middle of the paper for
calligraphy. It was suggested to Shri Bose that the work should be shown to
Hon’ble the Prime Minister who is to visit Santiniketan on or about the 23rd
December and his approval obtained.
4. That at the end of each Part (there are 22 Parts of our Constitution) a new
page will be used for calligraphy and % space on first page of each Part is to be left
blank for historical designs and sketches.
5. That this work, namely, the designing of sketches, will be taken up by the
artists after the 26th January 1950, when the members’ signatures are obtained
on the 24th and 25th January 1950.
6. Shri Bose was unable to give any estimate of the total cost of the
illumination and designing work but it was gathered that it will not exceed a few
thousand rupees. Shri Bose wanted a sum of Rs.700 as advance for the
purchase of material etc., account of which will be rendered to us after the work is
completed. Final bill will be received by us after completion of the whole work.
It will be remembered that some of the artists had quoted fabulous sums for
this work and in our supplementary demand we had also provided a sum of about
Rs.50,000 for the work. According to present estimate the whole work including
the calligraphy will cost not more than Rs.5,000
Dr. Rajendra Prasad with Chakradhar Sharan (left) and Valmiki Choudhary (right),
on 24 January 1950
363
Correspondence and Select Documents
Secretary may sanction the advance
purchase of material.
of Rs.700 to Shri Nandalal Bose for
Jugal Kishore Khanna
16.12.49
Secretary
H.P.
27. A letter dated 17 December 1949 from Chakradhar Sharan to Anugrah
Naravan Sinha
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364
Dr. Rajendra Prasad:
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29. Agenda for the ninth meeting of the Faridabad Development Board
New Delhi
6th January 1950
Agenda for the Ninth Meeting of the Faridabad Development Board to be
Correspondence and Select Documents
365
held at 5-30 p.m. on Saturday, the 7th January 1950, at No. 1, Queen Victoria
Road, New Delhi:
1. The programme of building 4,000 houses at Faridabad before the next
monsoon:
(a) Production of bricks and other materials for the houses and a time
schedule for it.
(b) The responsibility of the Indian Cooperative Union in this work and
whether contractors should be engaged.
2. Separation of the Board’s staff from the East Punjab P. W.D. with effect from
the 1st January 1950 and consequent arrangements with East Punjab
Government.
3. Arrangements with the Auditor-General with regard to the control of the
Board’s expenditure:
(a) Responsibility of the Accountant-General, East Punjab;
(b) Responsibility of the Financial Adviser Shri S. Ratnam;
(c) Posting of accounts staff at Faridabad.
4. Arrangements for placing the Board in funds and method of drawing funds
for the Board’s expenditure.
5. Promulgation of Ordinance by East Punjab Government in respect of the
Faridabad Board.
6. Any other matter.
Sudhir Ghosh
New Delhi
30. Speech by Dr. Rajendra Prasad at the Third Annual Convocation of the
University of Saugar held on 16 January 1950
SIR trip I
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366
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Correspondence and Select Documents
367
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368
Dr. Rajendra Prasad:
Correspondence and Select Documents .
369
370
Dr. Rajendra Prasad:
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Correspondence and Select Documents
31. Draft resolution submitted by Gukarilal Nanda on 19 January 1950
regarding the setting up of a Statutory Planning Commission
The recognition of the vital role of planning in the development of our national
economy and the realisation of people’s aspirations for social justice and progress
led to the appointment of the National Planning Committee in the year 1938.
Working under the limitations, inseparable from the political conditions of the
period in which it functioned, the Committee achieved valuable results in making
the conception of planning familiar in the country and in carrying through a
great deal of spade-work.
In modern conditions of life no country can hope to administer its affairs with
success or with any degree of satisfaction to the mass of the people without
recourse to the powerful instrument of social and economic planning. The need
for a comprehensive plan has become a matter of compelling urgency in India now
owing to the ravages of the Second World War and the economic and political
consequences of the partition of the country which followed in the wake of the
achievement of freedom, and the steady worsening of the situation for want of co-
ordinated thought and action in the economic sphere.
The tasks of a Planning Body for India have already been set by the course of
the country’s struggle for freedom. What the economic content of the people's
freedom would be has been indicated in general terms in the resolutions and
manifestos ofthe Indian National Congress, in the pronouncements of Mahatma
Gandhi and other Congress leaders and in the Congress Economic Pro-
gramme.
The vision which inspired the people of India through the various phases ofthe
non-violent revolution which made the country free was of a land from which
poverty, unemployment, ignorance, inequality and exploitation would be
banished and in which every person would find work suitable to his talents and
capacity and have the wherewithal of a decent life. With the achievement of
complete independence it becomes the paramount duty of the Congress to take
immediate steps for the fulfilment of its solemn pledges and for producing the
conditions in which the people’s creative energies and enthusiasm can be evoked
and harnessed in the Fullest measure in the great endeavour to bring into being a
just and happy social order.
The Constitution which the people of India have now adopted embodies
certain Directive Principles of State Policy which have also an intimate bearing
on the forms of social and economic organisation to be evolved and which must
be rendered in terms of programmes of action to be formulated by the Planning
authority.
With a view to assuring that the pattern of economic life and action to be
developed in the country conforms fully to the aforesaid aims and directives, and
that the declarations of the Congress and the intentions of the Constitution with
regard to the social and economic relations and conditions which should prevail
in the country arc made effective in as short a time as possible, it is imperative
372
Dr. Rajendra Prasad:
that a Statutory Planning Commission be set up by the Government of India as
soon as possible.
The Planning Commission should be a whole-time body composed of five
persons, whose selection is made primarily with the view that the outlook of the
Commission is in harmony with the basic ideas which should govern the plan and
that it possesses a comprehensive understanding of social, political and economic
needs and conditions of the country.
The Commission should be assisted by Boards of Experts who may together
be able to provide it with all the information and advice necessary for the
adequate performance of its functions. The Commission should be equipped with
a special statistical organisation and should be in a position to make use of the
administrative machinery of the country for the collection of requisite statistical
and factual material. In order to bring the plan and its execution into tune with
the needs and aspirations of the people, the Commission should devise measures
to secure the association of the people and elicit democratic expression of their
opinion at all levels.
The principal objectives to be realised through such a plan are:
(1) the establishment ofajust order of society, providing for (i) the operation of
the principles of decentralisation, cooperation, and individual freedom to
the utmost feasible extent, (ii) equal opportunity for all, (iii) adequate means
of living for all, (iv) just and humane conditions of work, and (v) the growth
of the human personality in all its aspects;
(2) adequate and expanding volume of production to secure progressive rise in
the standard of living and the achievement of a national minimum in respect
of all the essentials for physical and social well-being, within a reasonable
period;
(3) the progressive elimination of social, political and economic exploitation
and inequality, the motive of private gain in economic activity or
organisation of society and the anti-social concentration of wealth and
means of production;
(4) the best utilisation of the material and human resources of the nation and
the improvement of the skill and capacity of its manpower by suitable
technical education and training;
(5) full employment of a kind which will draw out the best in every individual in
the service of the community and secure the highest development of human
personality;
(6) as near an approach to national and regional self-sufficiency as would be
compatible with the requirements of an adequate standard of living and the
country’s internal and external security;
(7) a proper balance between rural and urban economy and an equitable exchange
relation between agricultural and non-agricultural products.
The Planning Commission will have the following terms of reference;
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(1) To make a full survey of the resources and the requirements of the nation
(2? To work out a proper allocation and distribution of the resources and th
constant adjustment to the changing requirements with a view to obtaining
the speediest and the maximum realisation of the objectives of the plan.
(3) To lay down the various stages, each covering a defined period for the
development of the country’s economy and to undertake the necessary
preparatory work in connection with each stage.
(4) To secure full and all-round co-ordination in the process of planning and in
the execution of the plan.
32. A note by Gulzarilal Nanda, dated 19 January 1950, on Planning Commission
I have to offer a word of explanation. In the draft resolution regarding the
setting up of the Planning Commission which I submitted at the instance of the
Committee I merely gave a connected expression to various ideas which have so
far entered into the thinking of the Congress on the subject. I have to state that
personally I entertain serious misgivings about the smooth working of the
Planning Body such as is being visualised. A plan is not a body of
recommendations of a reporting committee which may be accepted or rejected in
parts. The part which will be rejected may be found by the Planning Commission
to dislocate the entire structure of its creation, rendering the Commission
incapable of taking any further responsibility. It may be urged that even without
executive power the Planning Commission will acquire prestige and authority
which may win acceptance for all the essential provisions of its proposals. Past
experience points to the probability that the pull of political forces and sectional
interests will prove too strong for the maintenance of a consistent direction of a
policy based on scientific planning., Unless either by law or by convention the
requirements of the plan with such adjustments as may be mutually agreed
between the Planning Authority and the Government are permitted to override
all other pleas, and claims, the whole idea of planning will be discredited and the
demoralisation of the people will become so much worse. Government’s own
prestige will go down further. A vigorous Congress organisation conscious of its
role and responsibility should provide the necessary cementing and driving force
behind any plan that may be devised.
But the need of the moment remains that there should be much more cohesion
and co-ordination in the declarations of the Governments. A way has also to be
found to give a somewhat binding character to the findings of the Planning Body,
at the Government level. To obviate the objection that it would amount to setting
up a super cabinet the Planning Body may in some manner be integrated with the
Government machinery.
There is another aspect of the question which also presents a difficult problem
Planning, if « is to be real, would involve an all-embracing control. To make such
374
Dr. Rajendra Prasad:
a thing work in a democratic system presupposes, besides the support of
Government, a very large measure of cooperation of those who participate in the
productive activity, viz., merchants, financiers, employers and labour as also the
general community. The cooperation of the community has to be linked up with
a radical reform of the Congress organisation. The approach to industry and
trade is almost entirely a matter for the Government. These interests have much
to say against the manner in which our controls are being administered at present
and we have not yet succeeded in making them help us to do things better. If they
do not fill themselves into the new framework, the resulting conflict will break
the plan. The alternative of drastic action is not open to Government in the
present conditions Government is, therefore, placed under the compulsion
to take them into confidence and enlist their active cooperation. Our
attitude to the business community was discussed in the Committee in
connection with the wording of the draft. Even if we say nothing which may
prove in the least degree unacceptable to them, we cannot count on keeping them
with us merely by doing so. A negative approach will not suffice. Somethingwill
have to be done positively to secure their backing, coupled with the
consciousness that it would involve sacrifices on their part and considerable
surrender of their private interests.
For this they will have themselves to muster a much better mutual
understanding, unity and leadership than they have at present. This is a matter of
crucial importance which has not been tackled with any sease of purpose. The result is
that we are being abused and are not getting any results. If this state of affairs is to
continue we may as well not have any planning. Unless we are prepared to find
some way out of this impasse the adoption of a resolution on this subject will be
an unreal performance. The stand of the Committee should be made clear
regarding these issues.
G.L. Nanda
19.1.1950
33. A note by Shankarrao Deo on economic policy
PART 1 .
Speaking in the Nagpur University Convocation, Panditji is reported to have
said with reference to the proclamation of the Republic of India on January 26th:
“While perhaps we have fulfilled promises in the sense of keeping to the letter oi
the word, how far we have fulfilled them in spirit! That doubt creeps upon my
mind, and that doubt will now create in your minds a sense of lack of fulfilment
which otherwise you would not have.
In his Bombay speech, Sardar Patel instanced.the lack of enthusiasm and energy
which he presently noticed in Bombay as a true pointer to the existing
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discontentment and unhappiness throughout the country.
Dr. V.K.R.V. Rao, President of the thirty-second session of the Indian
Economic Conference, observes: “Speeches were made from time to time for hard
work and sacrifice and evoked no response from the population. The immense
psychological capital following the advent of independence was allowed to be
frittered away.”
Fervour — Apathy — Antagonism
On all hands it is now admitted that while in our foreign policy our Government
and the country have successfully maintained a course quite consistent with our
previous declaration of peace and progress by keeping out of the two power
blocs, the Communist and the Capitalist, on our national front, specially in the
economic sector, due to vacillation, weakness and indecision, the policy of the
Government, I am afraid, has succeeded in changing the mood of the people from
fervour to apathy and from apathy to the verge of antagonism. And I feel that the
people of the country can be kept in this present mood at the peril of a grave
social disorder. We must not forget that politics of the unpolitical masses often
turns the course of history.
Communist China — A New Factor in Policy-making
After the establishment of Communist regime in China and its recognition by
our own Government as well as by Britain, the present discontentment and the
consequent apathy and antagonism of the common man may any day be whipped
up by already existing destructive forces into a revolutionary situation. It is to be
appreciated that the success of Communist forces in China and the recognition of
that regime by our Government and that of Great Britain is a turning point in the
course of life and society in this part of the world. We must think anew and
decide our course of action from a new point of view. It is a compelling
circumstance.
I have used the term revolutionary situation and with due deliberation. I am
convinced that what was not there a year before or even six months before, is
there today in the minds of the people in this country. What was mere criticism
and sterile ill-advised action may any day be given the shape of an ideological
upheaval. The nearness of a Communist China is to be reckoned with. I prelude
my note by these observations so that in deciding our course of action and our
economic policy we will keep in mind the possibility of a grave social disorder.
Why Disillusionment?
Before deciding on a course of action, let us analyse the factors responsible for
this disillusionment, apathy and antagonism. Disillusionment is inevitable when
there is a gap— a yawning gap— between what is promised and what is achieved.
376
Dr. Rajendra Prasad:
W e certainly promised to our people anew heaven and a new earth after freedom.
As Panditji has said in his Nagpur address, “We never envisaged freedom as
something legal — We thought always in terms of raising the standard of living
of hundreds and millions of our peopleand of giving them the necessities of life as
well as those other equalities and opportunities that should be provided to every
human being.”
I think we will all admit that in giving a positive content to Swaraj, while
every soldier of freedom made his contribution, the two personalities that stand
out head and shoulders are Mahatma Gandhi and Pandit Jawaharlal Nehru.
Gandhiji wanted to remove the gap between a prince and a peasant and to make a
man of wealth a trustee of the society and to establish Ram Raj. His method was
truth and non-violence. Pand itji is the pioneer of socialist thought in the country.
While there was difference in the approach to the objective, to the common
man, to the illiterate masses of India, the appeal of both these personalities lay in
the fact that if the country became free and if these two persons had any say in the
government which would rule after freedom, the capitalist society would end and
be replaced by a society in which there would be no exploitation, no glaring
inequalities and no unemployment. A decent standard of living would be assured
to all before there might be luxury in the country. Panditji himself has said only
the other day in his Nagpur address, “The first objective for them was to supply
the bare necessaries of life to the millions of people, to remove, to lessen the great
gap which exists today in India between the fortunate and the unfortunate.”
Our Pledges
As a matter of fact in all resolutions passed by the Congress since Karachi,
emphasis has been laid equally on production as well as on distribution. Whatever
might be the level of prices today, the idea of maximum income of Rs.500 has
found a perpetual corner in the minds of the people. No argument, however
sound, can explain it away. We wanted to nationalise our key industries. We
wanted to revolutionise our land system in the agrarian programme of Faizpur.
We wanted to recast society in the two Election Manifestos. We wanted to have a
planned economy and became committed to it by the appointment ofa National
Planning Committee by the Congress President, Shri Subhas Chandra Bose.
After the attainment of freedom we had an Economic Programme Committee
which chalked out a full programme for recasting our national economy.
Our Achievements
The Government of India announced its Industrial Policy immediately after
the adoption of the Report of the Economic Programme Committee by the
A.I.C.C. The Government’s Industrial Policy became one of a fluctuating
character, first turning to the left with promises of nationalisation, profit-
sharing, participation of workers in industry and industrial planning, and then to
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Correspondence and Select Documents
the right by repeatedly limiting the scope of nationalisation, and then quahfying
even what was left to be nationalised by concessions in taxation of higher
incomes, and by an increasingly tolerant, perhaps helpless, attitude towards
evaded profits.
Industrial Policy. Both Panditji and Sardar Patel are reported to have stated
that the Government’s Industrial Policy is one of middle course between
capitalism and communism. But in steering a middle course, if there is no set
purpose and a prior decision, there is just the danger of the middle course
becoming a policy of drift owing to sectional pressures, which will satisfy neither
the captains of industry, nor the investors, nor the industrial workers, nor the
' general public.
Programme of capital expenditure. On the top of this vacillating industrial
policy, there was a programme of uncovered capital expenditure of Rs.267.5
crores between 1946-47 and 1949-50, which has hardly registered an increase in
capital equipment of industry or agricultural productivity in the Provinces.
No economy in civil expenditure. The civil governmental expenditure which
was in undivided and war-time India Rs. 124.4 crores (1945-46) has now reached
a total of Rs.165.2 crores. While recently Sardar Patel took a hand in reducing
the civil budget, no consolidated statement has been made so far about the extent
of economy.
Anti-inflationary measures. The Government’s anti-inflationary measures
constituted a somewhat hazy mass of inconsistencies and contradictions. It is
doubtful if sky-high prices could be brought down by increasing production
within a reasonable period -under the limiting factors without taking recourse to
currency measures simultaneously (such as partial freezing of bank deposits and
compulsory saving, demonetisation of notes of higher denominations).
Policy of foreign trade. The Government’s vacillating policy in international
trade— liberal in 1946-47, restricted in 1947-48, liberalised again in 1948-49 and
now under complete restraint in 1949-50 — is another instance of indecision or
lack of decision. One does not know whether the large imports of machinery and
capital equipment that have come to the country during the last three years have
been installed.
While prices have remained sky-high, black-market and corruption are as
rampant as ever before.
To the tiller. Soon after we came to power in the Provinces, the Government
declared their intention of abolishing zamindari. In an accompanying note, the
exact position of the zamindari bills is stated Province-wise. A glance at the note
will convince you of the protracted character of our efforts in this direction
Nowhere has zamindari been abolished. The Agrarian Reforms Committee,
after a careful and thorough-going enquiry, submitted its report so that abolition
of zamindari would not mean replacement of the zamindar by the Government
tahsildar. The Report was referred to the Provincial Government for their
reactions on the 17th September. But I regret to say that except the Government
ot Orissa, no Provincial Government has yet sent its reactions.
378
Dr. Rajendra Prasad:
After independence, the burden, instead of being lessened, has increased.
Government enquiries have revealed a fall in the real income of an average
labourer, an average peasant, and an average middle-class family. But had the
burden increased equally for everybody, there might have been some sense of
equality of sacrifice.
Gandhian Programme
We are talking of a middle course between capitalism and communism and yet,
at the last Jaipur session, in the Message to the country, we pledged ourselves
thus: “It was the particular teaching of Gandhiji that service should be directed
more specially for promoting unity and goodwill between all the people of India,
abolishing class distinctions and those based on birth, caste or religion and
working for a classless democratic society in a peaceful manner." People
naturally expect that, in the light of the message, we should chalk out a clear-cut
policy of attaining a classless society in Gandhian manner.
People believed that after independence power would be used directly for
building a Gandhian social order. And, therefore, when they find a complete
reversal of the gear, they are bewildered. And it is not their fault if they fail to
understand this policy of middle course which they interpret as a surrender to the
capitalists. In building up a Gandhian social order we shall have to bear in mind
that Gandhiji’s method was not to have a thing done by a few at the top, but in
thousands and thousands of villages, by the common folk. That was the strength
of the Gandhian movement.
Our Economic Programme must, therefore, harness the energy of the common
man in the villages. Both in the formulation of the programme as well as in the
execution we must keep that in view. And, therefore', we must have a new cadre
for creating mass enthusiasm.
PART II
_ An Immediate Programme
1 . A planned economy and a Planning Commission. The first thing to be done
is to appoint a statutory Planning Commission under the overall control of the
Cabinet, for it will make the Government take every step in relation to the final
shape of life and society.
It is often said that in the absence of sufficient funds in the state exchequer and
technical personnel, no useful purpose would be served by the appointment of a
Planning Commission. Planning will not depend on money, if it is not going to be
a paper plan. It will be in terms of real resources. The tasks of the Planning
Commission will be:
(i) to explore the magnitude of our resources and to determine the limitations
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Correspondence and Select Documents
of our plans due to the quantity and quality of our resources,
(ii) to co-ordinate our productive efforts and putting the resources to the best
possible advantage on a priority basis, and
(iii) to integrate the controls so that they may be purposive.
Choice of personnel In the appointment of the Planning Commission, we
must choose men who have faith in our ideology and have served in its cause. For
planning is essentially political. Expert knowledge, statistical data and factual
information only strengthen the hands of the planners.
A new cadre. The execution of the plan which presupposes mass enthusiasm
and mass support will depend on a new cadre which will be able to give direction to
the thought of the masses, make them articulate so that the voice of the people can
reach the Government. Under the supervision and direction of people who have
worked for villages and have dedicated their lives to the cause of the rural masses,
men and women of proper mental make-up should be trained and placed in the
Panchayais, Cooperative Joint Farms, Multi-Purpose Cooperatives and
Industrial Cooperatives, which would be the four pillars of our Planning
Commission. Our new cadre must infiltrate the whole country, two in every
village, so that infiltration of destructive forces may be checked.
Training of the new cadre. I should suggest that the training of the cadre be
placed under a permanent Committee of tried and experienced political and
constructive workers. I feel that in the working out of the socio-economic
development there should be complete collaboration and cooperation between
the Government and the Congress organisation and constructive workers both at
the top and at the bottom. Let the Government and the Party and the constructive
workers work as a single unit in the formulation of the policy and in the execution
of the policy at a pace which is vital.
2. Austerity. The first objective should be to remove, to lessen, the gap
between the fortunate few and the unfortunate masses. I think nothing more
would restore people’s confidence to the effort of the Government and to the
appeal of the Congress organisation than to establish a range of incomes which
would not jar public conscience. It is often stressed that our problem is of
production and not of distribution and by putting a ceiling on large incomes we
have little to go round. But a man is as much determined by what he gets as by
what others get. Besides, the imposition of a ceiling will testify to our earnestness
of eliminating glaring disparities. So the range of incomes in our country should
be from 1 to 20 and the] ceiling should be applicable to all income groups and
should be attained through taxation.
3. Planning of production should centre on agriculture and industries allied to
agriculture.
Agrarian economy. I have referred to the protracted efforts for abolition of
zamindan. I feel that a target date should be fixed for completing the work of
abolition ofzammdari. The snag lies in payment of compensation. I do not know
if the question of compensation should be vievyed from a new standpoint and a
380
Dr. Rajendra Prasad:
\
directive be given to all the Provincial Governments. It is often said that the
zamindars should be rehabilitated. The state has not accepted the obligation of
providing reasonable employment to every citizen. Mills have closed. What have
we done to rehabilitate the unemployed workers? People expect parity of
treatment and the expectation is only just. Even if we accept rehabilitation
allowance, let the estates be taken over in all the Provinces by a certain date and
inverted annuities with a floor and a ceiling be paid out of the collections.
Zamindari abolition by itself will not increase production, but the fact that
Congress has kept its plighted word will go a great way in the formation of
psychological capital which has been frittered away.
Agrarian Reforms Committee’s Report. The Agrarian Reforms Committee's
Report has chalked out a comprehensive programme for post-abolition reforms.
I know all of them cannot be introduced right now. But some of them should be
introduced unless zamindari abolition is not going to prove barren of any
perceptible improvement in agricultural efficiency and the living standard of the
kisan.
Agrarian programme. All future subletting should be prohibited and security
of tenure and fair rent for the great body of sub-tenants should be immediately
provided. Demonstration of self-sufficiency cultivation should be arranged on
small cultivators’ farms. For very small holdings, let there be small cooperative
joint farms under the guidance ol the new cadre which I have referred to earlier.
Let Panchayats take over all the common assets in land for management. Let
there be distribution of more functional and controlled credit through
cooperatives under proper guidance so that the help reaches the real tiller. Let
there be cooperative distribution of the articles which the peasant wants for his
livelihood and cultivation so that the prices paid for procurement of grains may
be remunerative and let there be a declaration on behalf of the Government that
agricultural prices would not fall below a certain level. To remove pressure on
land, let there be planned development of agro-industries, through industrial
cooperatives. These industries should form an integral part of our permanent
economy. For the stimulation of the growth of these cooperatives, joint farms
and industrial cooperatives, there should be a policy of state aid, publicity and
propaganda.
There should be top priority in the allocation of resources of the Government
for land reclamation. The new land which will come under the plough should be
reserved for collective and joint farms For the initial period, mechanised
cultivation should be helpful in yielding greater surplus for the purpose of
Government procurement. Under this arrangement the developmental cost in
these newly reclaimed areas will also be reduced. When the farms are properly
developed, they may be settled to farmers who will carry on cultivation with
improved ‘bullock and plough’ technique. Agricultural research should be
brought down from the high pedestal and should be so organised as to be helpful
to the man behind the plough on his small holding. The bureaucratic delay and
procrastination which is the bane of ‘Grow More Food Campaign* should be
Correspondence and Select Documents
381
short-circuited.
4. Industry and labour. No replacement of capital should be allowed in large-
scale consumption goods industries. There should be an immediate enquiry into
the economic character of the concerns in this sector of our economy. Those
concerns which are uneconomic should be banned and the production should be
reserved for decentralised village industries and all possible help in men and
material as well as organisation should be given to these industries so that
production in these industries may be as economic as under large-scale. Such
processing industries as rice mills and vanaspati should be immediately banned.
The consequent unemployment should be checked by stimulating paddy husking
and dairying. Whatever is needed to prevent unemployment and to facilitate
rehabilitation should be done by the Government.
Our energies should be concentrated on increasing the productive efficiency of
our key industries which, when circumstances become favourable, should be
nationalised on payment of a rehabilitation allowance on the basis of the ceiling
income stated before. So long as they are not nationalised, they should be
controlled in the interest of our ideal. The Managing Agency system should be
removed.
The question of rationalisation, retrenchment, unemployment (both in
industrial as well as agricultural sectors), minimum wages for industrial labour
in sweated industries and landless labourers should be examined.
5. Public finance, foreign capital and capital formation. The Government’s
new attitude to private industry and private investors in India will not succeed in
promoting capital accumulation in India by deliberately increasing the
disposable income of the rich. I do not know how far the policy towards private
foreign capital may be helpful to our economic development. Because, somehow
or other this chance has been lost by our declaration of policies before as well as
after independence. To go back now on the expectations roused by these
statements, and to tell the country that taxation on higher incomes must be
reduced in order to induce the rich to save more and invest more is not likely to be
successful. Even if these concessions elicit the response, the quantitative
significance of the savings thus stimulated is not likely to be important; whereas,
being unregulated and not subject to Government priority of planning, the
investment in different sectors of national activity in which these savings will flow
are not likely to be of the type that would most speedily increase national
productivity. Under the circumstances, there may not be any advantage to the
nation through the Government’s new policy towards industrialists and the-
investors, while its disadvantage in the shape of disappointment to the workers
and peasants and consequent inclination to fight even more vigorously for their
own sectional interests rather than for the general good is already becoming
apparent.
We should mainly rely on domestic savings for our capital formation and for
getting such domestic savings we should not rely on the rich or promote
inequalities, but must bend our energies so that the savings of all sections may be
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Dr. Rajendra Prasad:
canalised.
Therefore, the declaration made by the Finance Ministry during the
devaluation debate as well as in the last meeting of the Associated Chambers of
Commerce that the level of direct taxation in this country is uneconomic, and
should be reduced at the earliest opportunity, should be scrutinised. I do feel that
the level of direct taxation is pretty high but as there is no case for stepping up,
there is also no case for lowering the level. Let there be a definite policy of
drawing out evaded profits. Let us try to regionalise the formation and
investment of capital Let there be extension of compulsory savings to ail sectors
and whatever is yielded by this drive for meeting the surplus should be placed
under strict priority allocation by the Planning Commission.
5. Black-marketing and corruption. Last but not least, black-marketing and
corruption should be rooted out by such drastic steps as declaring them
subversive acts. The Communist China’s first reform has been suppression of the
anti-social element of hoarders, black-marketeers and corrupt officials. Public
confidence in the government can never be stimulated unless we can successfully
tackle this problem.
34. A note by Shankarrao Deo on abolition of zamindari
Bihar. In Bihar the Zamindari Abolition Bill, empowering the Provincial
Government to acquire the rights of proprietors and tenure-holders in their estates
and tenures respectively by notification from time to time, was passed by both the
Houses of the Provincial Legislature in June 1 948 and became an Act on 6th July
1949, on receiving the assent of the Governor-General. It being difficult for the
Provincial Government to find the necessary cash to pay as compensation to the
dispossessed intermediaries, all at the same time, and it was one of the reasons
which caused the delay of about a year in securing the assent of the Governor-
General to the Bill, the Bihar Government introduced another legislation: the
Bihar State Management of Estates and Tenures Act, 1949 (Bihar Act XXI of
1949), to enable it to take over the management of all zamindaris and thus end
the tenant-landlord relation pending their final abolition through the payment of
compensation in accordance with the provisions of the Bihar Zamindari
Abolition Bill.
Consequent upon the Bihar State Management of Estates and Tenures Act,
the Governor of Bihar, in exercise of the powers conferred by Section 38 of the
Act, published the rules under the Act in an Extraordinary Gazette on December
19, 1949. On 31st December, 1949, however, an Extraordinary Gazette of the
Bihar Government published the text of a new two-clause Bill called the Bihar
Abolition of Zamindaris Repealing Bill, 1950. The Statement of Objects and
Reasons of the Bill says: “As the Provincial Government have decided to present
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Correspondence and Select Documents
a complete picture not only of Zamindari Abolition but also of how they would
like to proceed with Land Reforms for which there is urgent necessity, they have
decided to repeal the Bihar Abolition of Zamindaris Act, 1948."
The Bihar Land Reforms Bill, 1949, has since been published. The Statement of
Objects and Reasons of the proposed Bill, after referring to the prevalent opinion in
the Province that previous abolition legislations did not go far enough towards
iand reforms, says: “There is a pressing demand to the effect that the collection of
rents should be entrusted to the Cooperative Societies and Gram Panchayats as
far as administratively practicable and also that there should be a body
composed of officials and non-officials to advise Government on matters
connected with land reforms .” Further on, the statement, referring to the
difficulties in finding cash for the payment of compensation, says: “ It is,
therefore, necessary to provide for the payment of compensation either in cash or
in bonds; or partly in cash and partly in bonds."
Madras. The Government of Madras have enacted three pieces of legislation,
namely, the Prohibition of Alienation Act, the Reduction of Rent Act, and the
Abolition of Estates and Conversion into Ryotwari Act. The object of all these
Acts is to liquidate zamindaris and inam estates in the Province. The Madras
Abolition Act was the first to receive the assent of the Governor-General. It is
proposed to take overall the estates before the end of 1950. By the end of 1949, all
the important big estates were notified and many were- taken over by the
Government. Managers were and are being appointed to run these estates under
the direct control and supervision of the district collectors. The total amount of
compensation involved for both inams and zamindaris as and when abolished will
come to Rs. 1 7.5 crores and the Madras Government have the requisite resources
to meet this expense.
Last week the Madras Assembly passed a Bill enabling the Government to pay
in advance 50% compensation to zamindars under the Abolition Act. The Bill
which amends the Estates (Abolition and Conversion into Ryotwari) Act, 1948,
also makes it incumbent on the Government to pay a minimum aggregate
compensation of Rs.l 2/i crores for the acquisition of the 2,800 zamindari estates
in the Province.
The payment of'advance compensation has been decided upon in view of the
fact that the survey and settlement of the estates to be acquired is expected to take
some years.
The United Provinces. The Government of the United Provinces appointed
the Zamindari Abolition Committee towards the end of 1946 to go into the
question of Zamindari Abolition and to suggest a new scheme of land tenure to
replace the zamindari system. The Committee submitted its Report towards the
end of 1948. In the middle of 1949 the U.P. Government introduced in the
Provincial Assembly the United Provinces Zamindari Abolition and Land
Reforms Bill. The provisions of this Bill are in many respects quite different from
the recommendations of the Zamindari Abolition Committee Report. The Bill
was subsequently referred to a Select Committee and the Report of the Select
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Dr. Rajendra Prasad:
Committee on the Bill was placed before the U.P. Assembly when it met for a
brief one-week session in the second week of January 1950.
The abolition plan of the U.P. Government requires nearly Rs. 137 crores for
the payment of compensation. To meet this huge amount the Government
created a Zamindari Abolition Fund and contributed Rs.l crore towards the
same. And in October 1949 the U.P. Government launched the Zamindari
Abolition Fund Drive with the object of collecting from the tenants ten times the
rent in exchange of which they were to get Bhumidhari rights. The drive was to
last for 3 months, that is, up to December 1 949, and the target fixed was the huge
amount of Rs.160 crores. The collections, however, till the end of December
1949, were rather disappointing. Total collections which amounted to Rs.5
crores in the first week of December now stands at about R s. 12 crores. The drive
is still on but it is obvious that it has lost much of its momentum and it is surmised
that even after the next harvest the total collections would be nowhere near the
target fixed. The U.P. Government will have therefore to take recourse to some
other device in order to abolish the zamindari system in the Province.
In a signed statement the Socialist leaders, Acharya Narendra Deva and Dr.
Lohia, have taken a very critical view of the manner in which the Zamindari
Abolition Funds are being collected.
Assam. The Assam State Acquisition of Zamindaris Bill, 1948, was passed by
the Assam Legislature in March 1949 and now awaits the assent of the Governor-
General. The Bill provides for the abolition of zamindaris by acquisition of rights
of proprietors and tenure-holders, in land and other interests, in the permanently
settled areas and certain other estates in the districts of Goalpara, Garo Hills
and Cachar. The compensation to be paid, in lieu of the acquisition of lands,
varies from ten to three times the net income according to the income groups
provided in the Bill which range from Rs.5, 000 or below to Rs. 1 ,00,000 or more.
West Bengal. The Land and Land Revenue Department of the Government of
West Bengal submitted a memorandum on the question of the abolition of the
Permanent Settlement to the Cabinet in 1948. Subsequently the Secretary of the
Agriculture and Irrigation Department of the West Bengal Government
submitted a note on the above memorandum. This note recommended the state
acquisition of all existing rights, titles and interests of private parties in land and
a fresh settlement of the acquired land in large blocks of suitable sizes with the
residents of those blocks for the productive utilisation of the land on a joint and
cooperative basis. The Government of West Bengal, however, has hitherto not
taken any serious step towards the abolition of intermediate interests and may be
said to be behind all other Provincial Governments in this respect. A Bill for
abolition of some intermediary - rights in the Sundarbans area has been
introduced but progress with regard to even this measure has been slow.
C.P. and Berar. The C.P. Assembly passed a resolution as early as September
1946 recommending the abolition of all intermediaries between the State and the
tiller. The Central Provinces and Berar Abolition of Proprietary Rights
(Estates, Mahals, Alienated Lands) Bill, 1949, was, however, introduced in the
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Correspondence and Select Documents
Provincial Assembly in September last year. The Bill has still to be passed by the
Provincial Legislature before any step towards abolition of intermediary rights is
t a ken.
* Orissa. The Orissa Government appointed the Orissa Land Revenue and
Land Tenure Committee in 1946 to go into the question of zamindari abolition
and land reforms. The Committee’s Report was submitted after 3 years, towards
the end of 1949. On the basis of this Report the Government of Orissa has
published, on the first of January 1950, the Orissa Estates Abolition Bill, 1950.
The Bill seeks to provide for the abolition of all rights, title and interest, by
whatever name known, and to make provision for other matters connected
therewith.
Bombay. Bombay being a ryotwari Province, the problem of zamindari
abolition does not exist there in the form as in Bihar or U.P. Nevertheless the
ryoti patta holders at various places became like absentee landlords living on
unearned incomes. The Provincial Government therefore passed since 1946
various legislations to control the tenancies, offer protection to the actual tillers
and regulate the transfer and cultivation of agricultural holdings in the Province.
Khot and similar other intermediary tenures in certain areas have also been
abolished.
East Punjab. East Punjab is essentially a Province of peasant proprietors and
is generally free from the form of landlordism with its confusing variety of rights
and sub-rights of intermediaries which we find in Bengal and Bihar. Nevertheless
concentration of land has taken place at various places on the one hand and the
evil of fragmented and uneconomic holdings is prevalent on the other. The
Provincial Government has appointed a Committee which is studying the
question and is shortly to submit its recommendations.
The States and the States Unions
Patiala and East Punjab States Union. In PEPSU the Government
promulgated an Ordinance in August 1949 which sought to end the long-standing
dispute between the tenants and the Biswadars. It laid down that the land held in
occupancy rights should be distributed as follows:
1 . In the case of occupancy rights (under section 5 of the Tenancy Act) one-third
to the landlord and two-thirds to the tenant.
2. In the case of occupancy rights (under sections 6 and 8 of the Tenancy Act)
two-fifths to the landlord and three-fifths to the tenant.
The lands so apportioned was to be held in full ownership by the landlords
and tenants respectively.
The Government have further decided to allocate only one-fourth of the share
of the landlord and three-fourths to the tenant, who would also have the right to
purchase the one-fourth share of the landlord. The assessment of the value of
386
Dr. Rajendra Prasad:
land is not to be made by the landlord but by a high power committee which has
been set up for the purpose. This right of purchase has not been extended to the
landlord. Seven per cent of the total area of the Union will be affected by this
order.
Rajasthan and Madhya Bharat. The problem of the abolition of
intermediaries is more complicated in these States Unions than in the Provinces
due to the fact that the system of Jagirdari and other vested interests in land
varies from State to State which have now been merged together. The absence of
any land records further complicates the situation. On the joint request of the
Governments of both these Unions the Government of India appointed a
Committee in 1949 to go into the question of the abolition of intermediaries and
submit its recommendations. The terms of reference of this Committee were
quite comprehensive. The Committee toured both Madhya Bharat and
Rajasthan, examined a number of witnesses representing various interests and
finally submitted its Report at the end of last year. The Report is now under the
consideration of the Governments concerned.
Hyderabad. Soon after the ‘Police Action’, the Hyderabad Administration was
faced with the agrarian problem. The age-old oppression of Jagirdars on the one
hand and the Communist excesses in some districts of the State with regard to
questions of redistribution of land, on the other, had complicated the
situation. In some cases the Military Government allowed the land already
distributed to be retained with its new owners. In others, land was restored to the
previous owners but grants of money, implements and grain were made to
distressed peasants. Further, the Nizam’s Sarf-e-Khas, covering an area of over
10,000 sq. miles and yielding an annual revenue of Rs.3 crores, was taken over.
The Government also took up the administration of many other large hereditaiy
estates, and although still enjoying revenues, they have been deprived of their
feudal powers of exploitation and oppression.
Besides these immediate steps, a Committee was appointed to report on the
agrarian reforms. The Committee is to submit its Report shortly.
Kashmir. The oppressive Jagirdari system has been abolished. The
Government have also stopped muafis (land revenue assignments) except in the
case of temples, mosques and gurudwaras. The system of cash assignments in
favour of certain favoured individuals has also been put an end to. By an
amendment in the Tenancy Act, the Government gave protection to the tenants
against interference in cultivation. Another amendment changes the present
arrangement of crop-sharing between the landlords and the tenants on fifty-fifty
basis to 25 and 75. Fixity of tenure and fairness of rent has also been
provided.
Further, a Committee has been appointed to enquire into the equity of
agricultural loans and to suggest measures to scale down the burden of
indebtedness.
United States of Travancore and Cochin. Before the merger of these States,
the Government of Cochin had appointed a Committee to go into the question of
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Correspondence and Select Documents
agrarian reforms and this Committee submitted a comprehensive Report. After
the union, the new Government has appointed another Committee which will
submit its proposals shortly, keeping in view the ground covered by the Cochin
Report.
35. A note by Shankarrao Deo on Congress organisation
When the constitution of the Congress was being drafted, we could not accept
Gandhiji’s idea of dissolving the Congress as a parliamentary party and turning it
into a Lok Sevak Sangh. We, however, accepted the idea of turning the Congress
into a workers’ organisation. In the new constitution there is provision for
effective and qualified members who alone can participate in election of office-
bearers and executives.
The complexion of the Congress will be determined by the objective to be
attained. If our objective is to end status quo and recast the economic life, the
Congress cannot remain a medley of interests. It is an admitted fact that in course
of the last few years, one after the other, different ideological groups have left the
Congress. Whatever may be their status in the country we are poorer by the loss
of strength. The Constructive Workers, i.e., the Gandhites, are also critical of the
Government’s policy and find it difficult to cooperate either with the Congress
government or the Congress organisation. At the advent of independence when
Congress is in charge of the government, the opportunist element has naturally
entered into the Congress fold. There has been the operation of Gresham’s law in
the Congress organisation. Another striking point is that the youth of the
country does not lean towards the Congress. A party which fails to draw young
blood cannot have any future. Is it possible to make the Congress an instrument
of non-violent socio-economic revolution and a focus of aspiration and energy of
the youth? It can be so only if it is not burdened with vested interests — the
landlord, the merchant and the capitalist or their friends and allies.
Machinery for purging bogus members. To establish a new social order
through peaceful methods, the provision was made for effective and qualified
members.Those who have no other work but the work of the nation should be the
controlling element in the Congress. But because of continuous extension of
dates of enrolment of such effective members, I am afraid, an opportunity has
been given for enrolling such people who do not fulfil the test of qualified and
effective membership. It is published that in a particular area so many lakhs of
primary members or so many thousands of effective and qualified members have
been enrolled. I would not wonder if this Congress organisation is going to
co apse by its very weight. I suggest that there should be pruning of this over-
growth of bogus members. I suggest that the Working Committee should set up
a mechmery which will check enrolment of effective and qualified members. If
necessary, there should be a thorough-going purge. We must not hesitate if we
388
Dr. Rajendra Prasad:
mean business. Unless some such step is taken, this ever-increasing group politics
and pany bundi which is rampant in almost every Province can never be
eradicated.
I should also suggest that the policy of open door to all sorts of elements should
be abandoned. And the entry of new elements should be strictly regulated
through the vigorous application of the test of policy and programme.
Training a new cadre and finance. In my note on the Economic Policy I have
suggested that the effective and qualified members should be trained in this phase
of our revolution. We will have to depend more on these effective and qualified
members. They will be our spokesmen. So they must know what we stand for and
how we are progressing towards Swaraj. Those who can think and act on their
initiative should be the strength of the Congress organisation. Therefore these
people should be made whole-timers. Regular arrangements should be made for
their training. In my note on Economic Policy I have suggested that the frontier
between the Government and the Party and the Constructive Workers should be
kept fluid at the top and at the bottom.
The supreme task today is to regenerate national character and to raise the
moral level of the people. Such a task can never be accomplished by any
government. Only a non-official organisation like Congress can do it.
Funds for day-to-day Congress work should be raised on the basis of mass
subscription and no section should be allowed an opportunity to dominate the
organisation through its contribution. There should also be provision for special
levies upon Congressmen and [Congress] women for specific purposes such as
training, election, and other items requiring capital expenditure.
Congress and Government. The relationship between the Congress
organisation and the Government has never been defined satisfactorily. As we
embarked on our new career only three years ago, it is only natural that such
relationship could not be defined with any precision. Conventions spring up in
course of years. And what cannot be specifically determined at a particular point
of time takes shape after work over a period of time. One thing which 1 want to
note under this head is that the relationship which subsists in a country where the
main task of the Government is to keep an even tenor and to introduce by stages
reforms in the social, political and economic life, is bound to be different from
what would subsist between the Government and the Party in a country where the
task is to create a socio-economic revolution. I would not be very much wrong if I say
that the party— I do not mean the Legislature Party alone, but the great body
which sustains the Government through enlistment of public cooperation
should have more intimate collaboration with the Governments and should have
the decisive say in the matter of policy formulation.
After the formulation of the policy that part of the organisation which is in
charge of the Government should leave no stone unturned to implement the
policy. But if, due to insurmountable difficulties, modification or change in the
policy becomes necessary, then it must come back to the mother organisation for
its consent. This alone can keep the prestige of the organisation and promote
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Correspondence and Select Documents
confidence and faith of the people in it. U nfortunately things have been done in a
different way.
After the adoption of the Economic Programme Committee’s Report by the
A.I.C.C., Panditji himself, while explaining the Government of India’s Industrial
Policy in Parliament, observed on February 17th, 1948: “The A.I.C.C. was not
an executive body. It would lay down the general policy naturally leaving it to the
House to time it as it thought expedient to give certain priorities and go ahead
with it at a pace which may be considered right and proper.”The result has been that
the Statement of Policy as embodied in the Economic Programme Committee’s
Report has been whittled down beyond recognition by unilateral declaration of
the Ministers from time to time, the last one being that of Dr. Matthai’s in the
Central Advisory Council of Industries, that the objective of the Government was
not to recast society. Such an attitude towards the organisation is very much
detrimental to its prestige. Today there is a genuine feeling that what the
Congress decides is for public consumption and will hardly have any effect on the
decision of the Government. So when the Congressman goes to the public, he is
regarded as a talkative intruder.
The net result has been not only the lowering of the Congress organisation in
the eyes of the public but the government have also suffered, because the word of
their greatest support, namely, the Congress, carries no weight with the common
man.
36. A note by Kala Venkata Rao on the working of the Congress constitution
The present constitution was adopted in April 1948 by the A.I.C.C. and was
afterwards approved, as amended, by the plenary' session of the Indian National
Congress held in December 1948 at Jaipur. The constitution provides for primary
members, qualified members and effective members. Every adult can become a
primary member by subscribing to Article I of the Congress constitution. Over
two crores of primary members have been enlisted this year. Still the P.C.C.s of
U.P., Tamilnadu, and Madhya Bharat (partly) have not yet sent their total figures.
With those figures added it is likely that the total membership will come to about
3 crores. Under Clause 4 (c) one can enrol himself as a qualified member.
According to the information received till now lakhs of qualified members have
been enrolled. The last date for the enlistment of effective members is not yet
over. But, from the information received almost every qualified member is
enrolling himself as an effective member. From the reports it is also seen that this
enlistment is being done on a competitive scale by the different and differing
Congress groups in a number of Provinces. This is particularly true of certain
Provinces like West Bengal, Vidarbha, East Punjab and Andhra. This kind of
enrolment is a fraud upon the Congress constitution. In order to meet the
criticism that there was bogus enrolment of the four-anna members before and
390
Dr. Rajetidra Prasad:
that rich people and enterprising people used it as a vehicle to plump for
undesirable candidates in Congress elections, the new provisions have been
adopted. But now the new provisions are being abused. Two reasons can be
thought of for this state of affairs. One is the existence of keen personal
differences among certain Congressmen. The second is the attempt to capture the
Congress machinery by spending money as before and enlist qualified and
effective members because every effective member will be a voter for the election
of the delegates to the Indian National Congress. The rush is all the greater this
year because the new P.C.C.s will have a direct hand in the selection of Congress
candidates to the legislatures in the forthcoming general elections. It needs
hardly be said that not even ten per cent of those who have enrolled themselves as
qualified and effective members will ever satisfy the conditions prescribed for
qualified and effective members in the constitution. Reports are to hand that in
the case of Guntur district in Andhra the total number of qualified and effective
members enrolled is over three lakhs or even more and that in West Godavari
district in the same Province the number is near 1 Zi lakhs. Apart from such
fraudulent enrolment a lot of administrative bad blood has been created between
the P.C.C. and the D.C.C.s concerned. The A.I.C.C. office is being flooded with
telegrams and letters making allegations and counter-allegations. The race seems
to be to outnumber each other’s enrolment by getting at the total figures of the
other group and try to make up the deficit on each side by continuing enrolment
secretly even after the prescribed date. A separate note on the enrolment muddle
in certain Andhra districts is being appended to this note.* The only check to
such enrolment now provided for in the constitution is through the credentials
committees. The credentials committees have to be elected by a three-fourths
majority by the P.C.C.s. The constitution provides for the district credentials
committees also. But experience has shown that these committees have become
the instruments of the groups now in power in certain Provinces. The same is the
case with certain election tribunals. The result has been that there are constant
bickerings among Congressmen about the decisions given by such credentials
committees and election tribunals. In some Provinces credentials committees
have not yet been appointed. I can quote the example of West Bengal P.C.C. who
in their letter dated 10.1.50 have said that they could not finish the appointments
of the district credentials committees and have requested the A.I.C.C. office to
readjust the dates for the election programme. Now that there is such huge,
fraudulent enrolment of qualified and effective members the question is being
raised and really grave doubts are being expressed that some of these credentials
committees are likely to shove out the qualified or effective members enrolled by
a particular group not represented in the credentials committee and retain only
the other people who are on the register in the same fraudulent way. The
Working Committee has now to make definite rules to
(i) thoroughly check and, if possible, obliterate the fraudulent enrolment:
(ii) to rectify the group-minded decisions of certain credentials committees.
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Correspondence and Select Documents
Th P Toneress constitution does not provide for a definite election machinery
to conduct the elections for electing the delegates or members of other Congress
commiuees At present the executives of the P.C.C.s are in virtual charge of such
elections. That worked all right till now but with the keen dlffe " e " CeS
among Congressmen in certain Provinces that machinery will not work
satisfactorily 5 In Bengal it will be particularly difficult. Even now many
complaints Cre pouring into the A.l.C.C. office about the appomtmen t of
election officers for conducting even Panchayat elections. In Bengal many of the
D.C.C.s and theP.C.C.are at loggerheads and representatives of both have come
to the A.l.C.C. four or five times. A working formula was agreed to but evidently
it is not working satisfactorily. According to the formula agreed upon the sub-
divisional Congress committees have been entrusted with the work of receiving
the membership lists. They have to suggest a panel of names from which the
election officer has to be selected by the P.C.C. Complaints have already come
that the P.C.C. reconstituted four D.C.C.s (ad hoc), that it altered the list of
office-bearers of sub-divisional Congress committees, and lastly that the P.C.C.
is not choosing the election officers from the panel of names suggested by the
sub-divisional Congress committees. There are a number of other complaints
which are detailed in a separate note.*
Complaints regarding improper enrolment, non-receiving of lists, non-
. publication of lists, etc., are being received from Vidarbha, Andhra, East Punjab,
etc.
There must be fair elections. The tribunals can come into the picture only after
the elections are completed. If at the stage of elections, nominations were rejected
indiscriminately, or, if the ballot were not properly held, the persons concerned
will not get any remedy in time or at least before the elections to the executives of
the new Congress bodies will be held. Any justice secured through the tribunals in
individual cases cannot alter the situation later. The Governmental machinery
now in vogue provides for control by the Provincial Governments against the
vagaries of the local returning officers. The new constitution burdens the
President of the Republic with the duty of controlling the general elections. So
the Congress Working Committee must undertake the duty of seeing that fair
elections are held by framing proper rules and, if it comes to that, by taking over
control in certain Provinces.
Apart from these organisational difficulties, I am sorry to state that many
Congress committees are not doing regular propaganda work in the villages or
owns. The enthusiasm of the old days is absolutely absent and the contact which
is very- valuable and necessary for our existence as an organisation and which
ougm to subsist between our committees and the public is very much absent. This
vm certainly tell much upon our future stature and also on our usefulness as an
1 poi V * 01 * ° f pub!lc service. Many Congressmen want to get into the
° rd f t0 g6t a fair chance that wa *’ the y tr V t0 capture the
and in L , 7 ° f keCp il ° n f0r themselves - ^ order to meet this situation
er o make our organisation a live body and as near perfect as possible,
■ 3yz Dr. Rajendra Prasad:
some long-term and some short-term measures will have to be taken by the
Working Committee. They are suggested below:
I. Organisation
(a) Points for amendment of the constitution.
(b) Directions for the present. _
(c) Funds.
II. Parliamentary work.
III. Allied bodies.
I. Organisation
A. (I) The electors for the Congress committees will have to be
(a) all the primary members for the village Panchayat;
(b) all the Panches elected by the Primaiy members should be the electors to
elect the delegates, D.C.C.s or other subordinate committees;
(c) the candidates for the village Panchayats should be qualified members;
(d) for every other Congress committee the candidates should be effective
members;
(e) effective members as such should not be voters unless they come under
clauses I and 2 above.
These provisions in the constitution will remove the present competitive spirit
for fraudulent enrolment of qualified and effective members and at the same time
provide for adult suffrage at one end and on the other end for restricted qualification
to get elected to any of the Congress committees.
(2) The Provincial Credentials Committees and the Provincial Tribunals will
have to be appointed by the Congress Working Committee out of panels
suggested by the P.C.C.s or otherwise.
(3) There should be an all-India body of five members appointed by the
Working Committee, who should be the watch and ward for conducting
Congress elections. They should have the power when they deem it necessary to
appoint a provincial election officer to conduct elections in such Provinces where
there are serious disputes and in such of those Provinces wherefrom at least not
less than one-third of the total number of P.C.C. members ask for such appointment,
in writing.
(4) For reasons stated under major heading 2 below it is further suggested
that between the primary panchayat and the D.C.C. there should be a Congress
committee for each Provincial Legislative Assembly constituency. The Tehsil
and Thana Congress committees can be dispensed with in the rural areas.
All the four suggestions above would require the amendment of the
constitution and as such can be suggested to the A.I.C.C. and the next session of
the Congress.
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Correspondence and Select Documents
B In view of the extraordinary situation now prevailing in certain Provinces
fraudulent enrolment, group activities in Congress ranks etc. I would suggest
the following measures for the consideration of the Working Committee
immediately:
1 . A Committee of five may be appointed by the Working Committee.
2. This Committee may be empowered to supervise the work of the Provincial
Credentials Committees and the conduct of elections in Provinces wherever
the Committee deems it necessary. This may be done particularly in those
Provinces where the decisions of the credentials committees are not unanimous.
In Provinces where not less than one-third of the total number of the P.C.C.
members ask for it, control over the conduct of the elections of delegates etc.
may be undertaken.
C. After the abolition of the primary membership fee the finances of the
Congress committees have materially suffered. Therefore, some of the P.C.C.s,
particularly U.P. and Punjab, have suggested that the four-anna fee for primary
membership may be restored.
Except for the windfall, particulary in Andhra, due to huge fraudulent
enrolment of qualified members, even the fees collected from the qualified
members do not compare favourably with the income that was coming annually
from the four-anna membership. In Andhra the result has been that instead of
certain persons paying four annas per member they have been made to pay at the
rate of a rupee for a qualified member now enrolled.
The Working Committee has to consider and decide upon the ways and means
to replenish the depleted Congress funds.
As far as the A.I.C.C. office is concerned the total budget for the current year
comes to Rs.2,50,000. Of this the stable receipts realisable are the delegate fees,
A.I.C.C. membership fees, and the provincial quotas. The total due comes to
Rs.85,000. Of this the arrears are many and P.C.C.s every time plead lack of
funds and do not pay even the quota. The arrears due in the current year can be
seen from the enclosed statement.* They come to Rs.85,000. The balance of the
budget has to be met from donations. As against a budget provision of Rs.
1,79,000 from donations hardly Rs. 17,000 has been collected. It must be finally
stated that nowadays purses are not being presented to the Congress President or
the Secretaries in any appreciable way. The services of the Hon’ble Prime
Minister or the Hon. Dy. Prime Minister whose word can net in large funds are
not available for the purpose for apparent reasons. The A.I.C.C. office is living
from hand to mouth. It requires Rs.20,000 per month and more money will be
needed in the coming year as general elections are approaching. Apart from the
current funds, the A.I.C.C. has to pay liabilities to the extent of Rs.70,000. It is
hard to collect the sums due to the A.I.C.C. in time, while our status requires that
we have to meet our obligations. The A.I.C.C. is publishing three magazines: the
Congress Bulletin, the Indian Affairs and the cyclostyled Economic Bulletin.
the Congress Bulletin is now regularly published with a better get-up. The
394
Dr. Rajendra Prasad:
Indian Affairs is nearly self-sufficient, if the establishment charges are not
calculated. The Economic Bulletin is popular and is being extensively quoted in
the Press. The Second Year of Freedom is under print and will meet its cost of
production. The Agrarian Committee Report is also being printed and would
cost Rs.6,000. The publication of certain booklets had to be held up for want of
funds. The cost of printing is very heavy in Delhi. Much of the printing work is
being done in Madras at roughly 50% of the Delhi rates and that with better get-
up. The A.I.C.C. gets a large number of newspapers, magazines and journals,
mainly free and partly paid. Some important journals are not subscribed to for
want of funds. The A.I.C.C. library, depleted during the 1942 movement, is not
being improved for the same reason. An appeal for the donation of books to all
the Book Publishers did not get good response. At least R s.10,000 is needed to
improve the library. The labour section, the volunteer section, etc., need ample
funds.
The financial position is rather bad. It is hard to pay the monthly salaries and
bills. So the Working Committee has to decide upon ways and means to meet this
financial crisis.
I would suggest the following measures:
1. Countrywide appeal for funds.
2. General Secretaries may be deputed to visit all Provinces and at least some
cities to collect earmarked funds for the A.I.C.C.
II. Parliamentary Work
The Congress party has big majorities in the Indian Parliament and in all the
Provincial and State Legislatures. It can be stated without fear of contradiction
that almost every Congress Government has undertaken, and in some cases has
even completed, good social and economic legislation. But due to the economic
position and scarcities in food, cloth and housing accommodation, there is an
element of dissatisfaction among the masses. This dissatisfaction has become
apparent, due to factions among Congressmen and some of them trying to throw
open challenges to the Congress administrations, lack of Congress propaganda
and publicity, and consequent loss of mass contact. Rival political groups
indulging in irresponsible criticism taking advantage of the financial situation
and the controls and some of them resorting to subversive activities and violence,
and lastly due to the fact that there is no published monograph detailing
Congress ideology and its parliamentary programme in precise terms so that the
Congress workers may propagate them among the masses.
One accepted way to test popular opinion is from the results of by-election to
the legislatures.
The Congress candidates secured sweeping majorities in 1945 when the
Congress contested the elections to the Central Legislative Assembly and in 1946
when it contested the General Elections to the Provincial Legislatures. After 1947
Dr. Rajendra
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Correspondence and Select Documents
the Congress could win a large number of by-elections that have taken place
since then. In Bombay, in Orissa and in Bengal we lost some by-elections. Three
of them were for general seats. These losses have been more than
counterbalanced by sweeping victories in U.P., Bihar, Madras, Orissa, East
Punjab and other Provinces. In Madras and Bihar elections were held to the
District Boards and the Congress captured a large majority of the seats in all the
District Boards. It has to be noted however that in the Madras Presidency a good
many Congress candidates in the District Board elections could win with rather
narrow majorities. Success was due to the general popularity of the Congress but
it was also to be attributed to the lack of organisation among the other political
parties who opposed the Congress. While other political parties like the
Socialists and the Communists were swept off the board, a remarkable feature
was the success of a number of independent candidates. One real reason for the
partial weakness of the Congress asris seen from the small majorities secured by
the Congress is attributable to group rivalries among Congressmen. There was
sabotage by Congressmen against Congressmen in certain localities. From this
short review it can be seen that the Congress is still carrying the day though not
with the full sweep that it enjoyed a few years ago.
We have a number of rival political parties in the country. They are the
Socialists, the Communists, the Bose group, the Hindu Mahasabha, and a few
other splinter groups. As a party the Communists are the best organised and their
party members display excellent organisational spirit, party cohesion, and
stem discipline. Their weakness lies in the fact that their methods and programme
have not appealed to the masses in our country, particularly the middle classes.
Their advocacy of violent activities have alienated them from public sympathy.
The stern measures undertaken by the state against that party have driven the
party partly underground and partly into jails. There is very little chance of a
major election fight with them in the next few years.
Socialists have no country-wide organisation. They have some little strength in
a few urban areas. The fact that many of the Socialist leaders have been
Congressmen till recently gives them some weight in the eyes of the public. But
they cannot be a serious rival to the Congress for the present. By our
achievements we can take the wind out of their sails.
The Bose group as such has no popular appeal in the country except for a
nuisance value in Bengal.
A communal organisation like the Hindu Mahasabha cannot be expected to
gain strength in future and the Muslim League will die a natural death along with
the introduction of the joint electorates.
POLITICAL PARTIES AND THEIR ORGANISATION
In every community there are broad differences of public opinion and even of
public interest. People holding similar views and opinions join together and try
to state the principles for which they stand and also will try to create an effective
396
Dr. Rajendra Prasad:
organisation to carry them into practical action. “This work involves a wide
variety of functions, such as the formation of political platforms, the nomination
and election of candidates, control over legislature, vigilant attention to public
opinion, and control of the governing power in the last resort. To carry out these
activities, and to rally to them widespread support, interest, activity and
enthusiasm is the ideal purpose of the political party.” The methods applied to
activise these things vary from countiy to countiy and from party to party. The Indian
National Congress has to trim its organisation to its new role of running
parliamentary activity. While it cannot and need not cut itself off from its present
ideas and moorings a certain amount of reorientation is absolutely necessary.
Before suggesting the ways for such reorientation a brief description of the
organisation of the British Labour and Conservative Parties is given below:
The Labour Party consists of the Annual Party Conference, and the National
Executive Committee to which are affiliated the trade unions constituencyand
central labour parties, and federations, socialist societies, representatives of the
constituency organisations, ten regional councils, the London Labour Party and
the Parliamentary Labour Party. The constituency organisations include
divisional labour parties, trade unions, local labour party in the county,
women’s section, professional societies, socialist societies, ward associations,
parliamentary borough and the League of Youth.
Constituency parties in each parliamentary area are the focal point of
political propaganda work in the divisions. Normally they function through a
small executive committee drawn from and acting for a larger general committee
which is composed of representatives of the various units, individual members,
women’s sections, League of Youth, trade union councils, trade unions,
cooperative branches, etc. The constituency appoints the agent, confirms the
selection of individuals, fights local authority elections, nominates parliamen-
tary candidates, designates delegates to the annual conference, and deals with
the headquarters.
The affiliation fee of the National Party is now 6d. per member per year. The
local constituencies are free to fix their subscription rates. Sums are raised In the
course of the year from concerts, whist drives, bazars, sale of literature and
collections at meetings. It is the women members that take a leading share in this
work. They do most of the canvassing and partake in the numerous social events.
There is a National Insurance Fund to which the constituency party subscribes
and gets the right of a substantial grant should they be involved in a by-election.
This arrangement provides the backward and poor constituencies the
wherewithal to face a by-election. There is another fund to which the
constituency parties subscribe at the rate of £5 per year which entitles them in
return to get the candidate’s election deposit of £150 which, if forfeited, need not
be refunded. The National Party pools from all sources £2 lakhs a year.
The Party has a central office at Transport House and ten regional offices. At
Transport House, there is a general section; sections specialising in research on
international questions and publicity in all its forms, including preparation and
Correspondence and Select Documents
397
issue of leaflets and pamphlets, posters and periodicals. There is an up-to-date
reference library. Among its activities it runs correspondence courses in
organisation and method, electoral law, holds examinations to test the
proficiency of those taking them and awardsicertificates. Most of those who thus
qualify become party agents, constituencies being encouraged to employ them.
The National Conference to which the Parliamentary Party and the National
Executive report on the happenings of the previous 12months declares thepolicy
and programme of the Labour Party. The National Executive Committee is
directly elected by the various committees and upon it falls the duty of
interpreting and implementing the decisions.
M.P.s attend the Conference ex-officio but cannot vote unless they carry the
authority to represent the affiliated organisations. The leader of the party is
always a member of the Conference and the National Executive Committee.
Conservative Party. The constitution of the Conservative Party symbolises
the Tory ideal of leadership by consent. The leader is elected by and removable
by a body consisting of the Parliamentary Party, the adopted candidates and the
Executive Committee of the National Union of Constituency Associations.
Once elected, and so long as he retains the confidence of the electing body, the
leader is responsible for the policy of the party; he appoints the chairman of the
party and through him the principal officers of the central office. Whilst,
therefore, the leader is ultimately responsible to the Constituency Associations,
he himself directly controls the central office and with it the Research
Department and the other policy-forming committees, the dissemination of the
party literature and the party purse.
The Constituency Associations are grouped into twelve areas in England and
Wales and there are separate organisations for Scotland and Ulster, but the pith
and strength is in the individual Constituency Association itself. Every
subscriber (minimum subscription is settled by each association individually and
ranges from Is. upwards) has the right to vote for the election of officers for his
ward or polling district committee and for the election of officers of his
Constituency Association and the selection of a candidate. Members are gained
by house-to-house canvassing, by public meetings, by social events, and by the
distribution of party literature (five times as great in 1947 as in 1946). New
members have been recruited in large numbers; by the spring of 1948 over a
million had already subscribed, and a campaign to get a second million was
successfully concluded during the summer. All members are true volunteers who
join as individuals, whereas in the case of the Socialist Party the bulk of the
membership comes from trade-unionists, who have not contracted out of the
Party and the individual membership of the Socialist Party (608,000 in 1947)
actually decreased by 37,000 in the year. More energy than ever before is being
shown by Conservatives and the cause is everywhere preached from the
mountains of Wales to the East End of London.
As well as gaining members a Constituency Association must collect money,
send representatives to the Annual Party Conference and if there is no sitting
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Dr. Rajendra Prasad:
member, select a candidate. The objective in constituency finance is that an
association shall be self-supporting both as regards current expenses and for the
purpose"of fighting an election. Not only has this objective been attained in the
majority of constituencies but large sums were subscribed by Constituency
Associations to Lord Woolton’s £1,000,000 fighting fund. Attendance at the
Party Conference is twice as high as before the war and the proceedings have
never been conducted with greater vigour and political knowledge.
Constituencies are jealous of their rights in selecting candidates and as they are
mostly independent financially they are in a strong position to resent any attempt
at dictation by the central office. It is open to the Socialist Party managers to
select the by-election candidate they think most suitable. They can weigh the
relative appeal of a baronet or the younger son of a peer for a suburban seat; but
any attempt by the Conservative central office to set aside the candidate selected
by the local association would be more than likely to fail. No candidate is
permitted to subscribe to his association more than £100 a year and half his
election expenses. More than half the selected candidates pay either fees less than
the maximum or nothing at all. Candidates are drawn from many walks of life (a
solvent association has a free choice) and one half of those adopted received their
education through the Secondary School system. Few constituencies have not
adopted candidates and there is a long waiting list.
The Y oung Conservative Movement — which all Conservatives between 1 5 and 30
years of age can join — has made great strides; in 1948 there were in the United
Kingdom about 200 branches and nearly 150,000 members. The Movement is
not simply out for education and social amusement (though both these aspects
are important); it is for use. Young Conservatives are represented on all the
Constituency Executive Committees, at the Party Conference and the Central
Policy and Education Committee of the party, and they have made their voices
heard. They have given help by speaking and canvassing at by-elections and local
government elections; a number of Young Conservatives have won seats at
council elections and a number will be candidates at the coming General Election.
The Movement represents an avenue of political advancement for an able young
man or woman.
The two-party system is prominent in England and America and the multiparty
system as well as the single-party system — Nazi or Communist — are prominent
on the European continent. It is too early to conjecture whether there will be two
or more parties in India. But having chosen the British parliamentary system of
government we have to build on the system of the British parties. Next we have
to consider about the relationship that has to exist between the Congress parties
in the legislatures and the Government and then about the relationship between
the Governments and the Congress organisation. The former one is a well-known
thing. The party elects the leader and the leader forms the Government. The
leader continues to run the Government and it is very rare that a leader is changed
in between the full run of the term of the legislature. In India, there are instances
to the contrary. Madras, East Punjab, Bengal, Madhya Bharat, Travancore have
Correspondence and Select Documents
399
changed party leaders in the middle of the full term of the legislature. The
Working Committee has recently decided that leaders of the Congress legislature
parties should be elected for the full term. Of course they can be asked to quit
when the majority in the party expresses want of confidence. But this must not be
made easy in future. There are also complaints that the legislators seek to put
undue pressure on the ministers of Government for patronage for permits,
licences, etc. This is unfortunate and to the extent that it is true it should be
suppressed. Another important point is that certain legislators are prone to speak
lightly about their own Governments and deliver speeches in the legislature as if
they were members of the Opposition. This lack of discipline must be brought
under full control. Matters of conscience and differences of opinion about any
particular legislation must not give freedom to any party member to disobey the
party whip. Recently I heard a member say in our Parliament, “I have no
confidence in these gentlemen (ministers).” Then it will be time for the member to
quit the party or for the ministers to quit the treasury benches if the majority of
the party members agree with that member. Differences must be ironed out in the
party forum only. The member of a party should only influence decisions on
policy from within. Administration is not his job. If he has to criticise even the
administration he must approach the leader or finally his party for redress but
not speak as he likes in the Assembly. Otherwise the party would collapse. These
well-known principles must be told to individual members and lapses must be
punished. The Central Parliamentary Board will have to take a strong hand in
this and other matters.
There are four important things for a party organisation to do:
1. It selects public issues and presents them to the electorate.
2. It selects candidates for the legislatures.
3. It provides a system of collective and continuing responsibility by animating
political action by Government.
4. It organises publicity on behalf of the Government, and cultivates public
opinion in its favour.
The relation between the Provincial Congress Committees and the
subordinate Congress committees in some Provinces are far from satisfactory. In
some they are good. A formula has to be evolved in precise terms so that there can
be frequent consultation between both the wings of the Congress. Else, if both
become watertight compartments, group rivalries will get at the top and strained
relations will undermine the Congress prestige itself. With this idea before us, let
us see how the above points can be worked out in our organisation.
Point /. In England both the Labour and the Conservative Parties draft
• election manifestoes and publish them far ahead of a General Election for public
criticism. At a later stage they are finalised. If we have a similar arrangement it
will place a lot of material in the hands of our workers. This year the Labour Party
in England has already published Labour Believes in Britain and Conservatives
400
Dr. Rajendra Prasad:
have published The Right Road for Britain. So T would suggest the immediate
drafting of similar manifestoes. The manifesto can be finalised after six months.
In England there is a slogan, “Socialism in our time”. We can also have something
similar to carry our work forward.
Point II. Article 27 of the Congress constitution, Clauses (b) and (c) quoted
below, are relevant here:
(b) A Central Election Committee shall be . set up consisting of members of the
Parliamentary Board and five other members elected by the A.I.C.C. forthe
purpose of (1) conducting election campaigns, and (2) making final selection
of candidates for the Provincial and Central Legislatures.
(c) Provincial Election Committees shall be elected by the general meeting of
the respective P.C.C.s. They shall recommend candidates for Central and
Provincial Legislatures. The final selection, after hearing objections and
appeals, shall be made by the Central Election Committee.
I think that this arrangement will not succeed next time. The main reason for
my opinion is that this mode of selection has no reference to the constituency
which will have to elect the member. Nor does it provide for any kind of
consultation with the Government of the Province. Further, in those Provinces
where the P.C.C.s and the Governments are in disagreement it will be fatal to the
Congress success in elections. We had a sorry experience in< Bengal. We miserably
lost in South Calcutta. The same is the experience in other Provinces where
District Congress Committees and the P.C.C.s differ. It will have to be noted
that the future Legislative Assembly constituency in a Province will consist of a
relatively small area and so the views of the local people, their factions, the
popularity of the particular candidate proposed for selection, will certainly
determine the result of the election. It will be easy for the Congress to win a seat
covering a large unit but it will be comparatively difficult to win a ward seat. Even
a national leader may be defeated owing to local prejudices against a particular
policy or programme. He can none the less sweep the polls if the constituency is a
big unit. In addition to these factors, the Provincial Election Committees should
not be allowed to be group-dominated as that will mean the elimination of
deserving persons. Though appeals against the recommendation of the
Provincial Election Committees are provided for, it will be hard forthe All India
Election Committee to alter many of the recommendations. Considering all these
aspects, I feel that the machinery is to be so altered as to provide for some sort of
primary consultation with the Congress elements in the constituencies. I would
suggest the following procedure:
1. There should be a Congress Committee covering the area of a Provincial
Legislative Assembly constituency. Leadership must be developed in that
area by arranging social functions etc. as the local labour organisations do in
England. They should be encouraged to have a local fund.
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Correspondence and Select Documents
2. Whenever there is an election, all the Panches elected by the village
committees in the constituency area must meet together and suggest the
names of three candidates who are desirable and stand the chance of an
election.
3. The D.C.C. must furnish all information regarding each candidate and
forward the same with a recommendation for one of them through the
Provincial Election Committee for final selection by the All India Election
Committee who will finally decide upon the candidate.
4. In the case of [election of candidates] to Parliament the D.C.C.s can suggest a
panel and the P.C.C. Election Committee may make the recommen-
dation.
5. The P.C.C. Election Board may be elected by the single transferable vote so as
to secure representation for all points of view within the P.C.C.
6. The final selection should in any case be by the All India Election Board. In
the case of the Provincial Assemblies, due weight may be given to the
recommendations of the D.C.C.s and in the elections to Parliament due
weight may be given to the recommendations of the P.C.C. Election
Committees.
Point III. The focal point for this work must be the constituency committee
which should be made to function as a live body.
Point IV. This should be the duty of the Provincial Congress Committee.
THE COMING GENERAL ELECTION
All going well, the general election is expected to come off early in 1951. It is
hardly a year from now. The Working Committee may have to decide quickly
about the organisation of the campaign as the work involved is stupendous.
Funds for the campaign, election literature, plans for the campaign have to be got
ready even from now. The Indian electorate will perhaps be the biggest for any
single country in the world and till now we have not had the experience of
handling such a large adult electorate. We must also note that the amount of
voluntary aid in men and money we used to get may not be easily available for us
for the next election. The following measures may be considered:
1. Formation of constituency committees as suggested elsewhere.
2. The Government of India may be requested to depute an official and a non-
official to study the methods of the election campaign now going on in
England. This experience will be very valuable in the future.
3. Publication of a draft manifesto.
4. Efficient parliamentary section in the A.I.C.C. office to collate information
and to get together well-written pamphlets, slogans, posters, etc.
5. Propaganda tours.
402
Dr. Rajendra Prasad:
6. Creation of earmarked funds for election purposes.
Kala Venkata Rao
General Secretary
*Not included.
37. A note on the preparation of the Hindi version of the Constitution of India
The Irish Constitution is framed in two languages, namely, Irish and English.
This can well serve as a model for having our Constitution in Hindi and English.
In case of conflict between the Irish and English texts of the Constitution, the text
in the Irish language, which is the national language, prevails. This is contained
in article 25, section 4, sub-section 6, of the Irish Constitution. We may, however,
have to modify this in our case so that in case of conflict between the Hindi and
the English texts the English text shall prevail for a period of, say, 10 years. We
should also have a provision enabling the Parliament to amend the Hindi text
from time to time in order to rectify any defects discovered hereafter in the
translation. In a period of ten years the language of the Hindi text will be stabilised
and it should then be possible to have the Hindi text alone as our Constitution.
Now as to the next question — what procedure should be followed to get ready
the Hindi version of the Draft Constitution. Pandit Jawaharlalji suggests that
the Hindi draft prepared by the Expert Committee be gone through by a
Committee of the House and then be presented to the Constituent Assembly. The
best way to achieve this would be:
(i) A Committee of the House be appointed as soon as possible, consisting of
about 15 members.
(ii) The Expert Committee should immediately send its translation of the
articles so far done by them and should go on sending every week the articles
translated by them.
(iii) The Committee of the House should scrutinise the translation and present it
to the Constituent Assembly, say,- every M onday, which may be reserved for
consideration of the Hindi draft.
(iv) The discussion in the House should be confined only to the accuracy of the
translation.
This method will effect economy both in time and money. If the House should
wait for the Hindi version till the entire English draft has been passed, it would
mean an additional full Session which would be very costly. Besides, the
members would have become too tired by their prolonged labour with the
Correspondence and Select Documents
403
English draft and many of them might absent themselves. Some may even think
that the Hindi draft would be unnecessary and a mere official translation might
do. The passage of Hindi draft may thus be jeopardised. It would be unbecoming
to our national self-respect that we have our Constitution in a foreign language
only, without one in our own language.
INDEX
Abducted persons, recovery of, 119-20, 122-25,
127-31, 193
Accommodation Sub-Committee, 30
Achru Ram, Justice, 252, 257
Adibasis, 119-20
Adjudication, strike and, 214-15
Adult franchise, 319-20
Afghanistan, World Pacific Conference and,
172-73
Agarwal, Sriman Narain, 43
Aggarwal, Madalsa, 346, 348
Agra Central Station scheme. 47, 55
Agrarian policy, 379-80; programme, 380-81;
Reforms Committee, 377, 380
Agricultural Extension Service (U.S. A.), 235-36
Ajit Singh, 196-98
Alexander, Horace, 51,71
Allard, Baron, 78, 237
All India Congress Committee, 389-94, 401
All-India Spinners’ Association, 63, 65-67, 137,
202
All-India Village Industries Association, 65-66
Ambedkar, Dr. B.R., 14-15, 20, 79, 84, 120,
308-1 1
Amrit Kaur, Rajkumari, 8, 74
Amtus Salam, 57
Apte, Narayan, 255-56, 286; cremation of,
290-91
Ashar, Lakshmi Das, 239
Assam, zamindari abolition in, 384
Atlantic Charter, 228
Attlee, Clement Richard, 299
Austria, 12
Ayyangar, SirN. Gopalaswami, 19,47,53,55-57,
115-16, 118-20, 122, 127, 132-34, 144, 274
Ayyar, T.G.N., 189
Azad, Abul Kalam, 88-89, 101-2, 106-7, 185,
187-88,190-91,200,357
Backward classes, definition of, 306
Badge, 253-55
Bagchi, Jagadindu, 290-91
Bahawalpuri refugees, 57
Bailey, S.D., 83,96-97, 113, 118
Baird, C.D., 23
Baldcv Singh, 7, 10, 67-68, 80
Balkrishna, Prof., 197
Banaspati Singh. 134-35, 146
Banncrji, Harihar, 116, 132-33, 144
Bashiran Begum, 143
Basic schools, medium of instruction in, 176-77
Baswan Singh, 210, 213, 217
Bcgcrt, Willy, 41, 50-51, 71
Bhandari, Justice, judgment of, 252-57
Bharat Scvasram Sangh, 106, 1 17
Bhardwaj, B.N., 54
Bias, B.M.. 254
Bihar, 349; earthquake in. 52; Union Boards in,
283-84, 286; zamindari abolition in, 382-83
Bihar Central Relief Committee, 51-52
Bihar Khadi Samiti, 19
Bihar Panchayat Act, 1947, 284-85
Bisheshwar Prasad. 205-6, 208
Black-marketing, 382
Bose, Nandalal, 355-56, 362
Bose, Subhas Chandra, 77, 376
Bose group, 395
Bombay, agricultural reforms in, 385
Bombay Constructive Programme Committee,
62-63, 66-67
Brailsford. H.N., 34, 60
Brajcshwar Prasad, 230-31
British Conservative Party, organisation of,
397-99
British Labour Party, organisation of, 396-97,
399
Buddha, Lord, 38-39
Buddhists’ programme, 38-39
Burma, 28, 40
Cabinet Mission Plan, 299
Calcutta Commercial Bank case, 103
Caldar, Ritchie, 228
Capital formation, 381
Capital punishment, 258-61, 282
Carlson, Frank, 76
Cattle, breed of, 44-45; problems relating to,
26-28, 105, 1 1 1-12, 115; welfare of, 32-33; see
also Milch cattle
Cement, import of, 99
406
Index
Central Provinces and Berar, zamindari aboli-
tion in, 384-85
Central Secretariat Service Scheme, 13940
Centre-State relations, 314-15
Ceresole, Dr. Pierre, 41, 5Q-52, 54, 57
Ceylon Indian Congress, 4243
Ceylon Indian Residents Citizenship Act, 43
Chakradhar, see Sharan, Chakradhar
Champaran, Tmkatia system in, 92-95
Chandra, C.N., 70
Chandwani, P.B., 199-200, 236
Character, 369-70
Chattetjee, J., 215
Chatteiji, Suniti Kumar, 163, 167, 197
Chee, Soon, 24
Cherian, P.V., 294
Chhotanagpur Adibasi Sabha, 119-20
China, 375, 382
Chaudhuri, Bholanath, 13
Chaudhury, Charu, 50, 53
Choudhary, Jaglal, 359
Choudhry, J„ 289-90
Christian Adibasis, 120
Citizenship, 304-5
Cochin, question of agrarian reforms in, 386-87
Commonwealth, 347
Communalism, 366
Communism, 231-33
Communists, 395
Comptroller and Auditor-General, 332
Conference of Linguistic Experts, 354-55
Congress, see Indian National Congress
Congress Working Committee, 187, 335
Conservative Party, see British Conservative
Party
Constituent Assembly, 10, 14-15, 17-18, 30, 34,
37, 75, 85, 119-21; dissolution of, 148-50;
emergent ' session of, 166-67, 170-71, 174;
evolution of, 298-99; proposal to prepare
Who’s Who in, 350; representation of
Vindhya Pradesh in, 353-54
Constituent Assembly Secretariat, staff of,
13843
Constitution of India, 3, 83-84, 118, 170, 371;
adoption of, 72-73, 85-86; adult franchise in,
319-20; characteristics of, 301-3; citizenship as
defined in, 304-5; directive principles of state
policy included in, 310-1 1; fundamental rights
guaranteed by, 305-10; illumination and cal-
ligraphy for, 355-57, 362; Indian Union as
described in, 312-15; significant aspects of,
3014; Sindhi language and, 184-85; question
of Hindi translation of, 73, 85-87, 266-67
Constitution Branch in Ministry of Law, 34142
Constitutional remedies, right to, 309-10
Cooperative farming, 383
Corruption, 382
Cottage industries, 65-66
Cottage Industries Board, 68, 23940
Council of Ministers, 318-19
Council of States, 320-21
Cripps Plan, 299
Cultural rights, 308
Dadoo, Dr.‘, 245
Dalmianagar Arbitration Award, 209-17
Dalmianagar Mazdoor Seva Sangh, see INTUC
Union
Daphtary, 81, 252
Das, Basanta Kumar, 292
Das, Bishwanath, 278-80, 286-88
Das, Deshbandhu Chittaranjan, 10, 77, 222
Das, P.R., 222-23, 230, 233 : 34
Das Gupta, Gita, 176-77
Das Gupta, N.L., 236
Datar Singh, Sir, 13, 32-33, 4445
Date, Yashwantrao, 163, 167
Death penalty, see Capital punishment
Declaration of the International Rights of Man,
227-28
Democracy, 369-70
Democratic government, 302
Deo, Shankarrao, 339, 374, 387
Desai, Morarji, 252
Deshmukh, C.D., 102
Detention without trial, 307-8
Deva, Acharya Narendra, 384
Dharma Vira, 171-72, 174
Dicey, Prof., 223
Direct taxation, 382
Directive Principles of State Policy, 310-11
Discretionary power, 223
Disillusionment, 375-76
Diwakar, R.R., 38-39, 182-83
Domestic savings, 381
Donoghue, E.C., 71-72
D’Souza, J., 9
Durban riots, 90
Dutt, S., 122
Earthquake Fund, 207
Economic democracy, 310-11; policy, 374-82;
Programme Committee Report, 376; rights,
311
Education system, 367-69
Educational rights, 308
Index
407
Edwards, Derek, 71, 78, 165
Election Commission, 37-38, 140
Election manifestoes, 399
Electoral rolls, preparation of, 17-18, 37
Emergency, 310
Emergency powers, 314-15
English education, 367
English language, importance of, 368-69
Equality, right to, 306
Evacuee property problems, 275
Executive, 315-19
Exports, 26
Faridabad Development Board, 165, 295-97,
364-65
Faridabad, refugee camp in, 201
Fascism, 359-60
Federation, 302, 312-13; characteristics of, 312;
special features of, 313
Fischer, Louis, 81-82, 92-94, 221
Food, imports of, 194; production of, 234-35
Foodgrains, imports of, 25-26
Foreign capital, 381
Foreign trade policy, 337
Franchise, see Adult Franchise
Freedom of Press, 222, 224, 233-34, 246
Fundamental rights, 222-29, 305-10; constitu-
tional protection to, 309-10; restrictions on,
307
Gadgil, N.V., 30, 61, 104-5, 1 1 1, 181, 251-52
Gandhi, Devadas, 5-6, 34, 39, 60, 74, 81, 83, 239
Gandhi, M.K., 12, 20-21, 34, 43 , 60, 74, 78,
81-82, 94-95, 100, 185, 190, 221, 298, 306,
346-97, 349, 365, 367, 370, 376, 378
Gandhi murder case, 28-29, 35, 81, 221, 230-31,
238-39; see also Godse, Nathuram
Gandhi in trade mark, 20-25, 29-30, 36
Gandhi, Manilal, 75. 286
Gandhi, Ramdas M„ 238-39, 241, 246-51, 257
Gandhi literature, 347
Gandhi Memorial Museum, 60, 83
Gandhi National Memorial Fund, 8, 35, 39,
45-46, 135-36, 146, 357
Gandhian social order, 378
Gandhi World Peace Mission, 95-96
Gaur, Hari Singh, 365-66
George, Major A.T., 294
Ghosh, Atul Chandra, 175, 177, 179
Ghosh, Dr. Prafuila Chandra, 186
Ghosh, Sudhir, 52-53, 57, 1 16, 164-65, 294, 365
Girard, Pierre, 237
Godse, Nathuram, 241-42, 246-51, 257; Crema-
tion of, 290-91
Godse trial case, 28-29, 35, 81, 221, 238-39,
251-57, 260, 264, 281
Goenka, 274
Gopal, 254-55
Government, structure of, 302-3
Governor, 323-24; power and functions of,
324-25
Gram Kachchari, 285
Gram panchayats, 284-85
Grass farms, 44
Guieysse, Madame, 237
Gundappa, Rajasekhar, 54
Gupta, Ghanshyam Singh, 163, 165, 167
Gupta, Parmatma Prakash, 207
Gupta, R.L., 194, 197
Gurbachan Singh, Brigadier, 44
Hansard Society, 83, 1 13
Harijan Debt Settlement Committee, 289
Harijan Sevak Sangh, 289-90
Harries, C.J.. 215
Harrison, Agatha, 83, 347
High Courts, 329; composition of, 327; salaries
of judges of, 107-11, 113-14, 116; tenure of
judges of, 327-28
Hindi language, 266-67, 369
Hindi, promotion of, 357
Hindi telegraphic code, 31-32
Hindi Translation Committee, 355
Hindi typewriters, manufacture of, 17-18
Hindu Mahasabha, 395
Hindu women, recovery of abducted, 130-31
Hindustani Shorthand and Hindi Typewriter
Standardisation Committee, 3-4, 31-33, 48,
195-96
Hiranand Karamchand, 58
Hopkins, Pryns, 136
House of People, 321-23
Housing colony, opening ceremony of, 90
Human rights, 228-29
Hussain, Tazammul, 104
Hyderabad State, 297; abolition of zamindari
system in, 386
lengar, H.V.R., 80-82, 137, 145, 169-71, 192,342
Imports of foodgrains, 25-26
Indian Cultural Mission, 106, 1 17-18
Indian Economic Conference, 375
Indian History Congress, 205, 208
Indian images, mutilation of, 79
Indian National Commission for Cooperation
with Unesco, 151-52, 173-74
408
Index
Indian National Congress, 185-88, 299, 387, 396;
constitution of, 389^02; Election Committees
of, 400-1 ; election machinery of, 391 ; Govern-
ment and, 388-89; membership of, 389-90;
Parliamentary works of, 394-95; position of,
349; working of constitution of, 334-35
Indian National Trade Union Congress(INTUQ,
210-15, 339
Indian Society of Agricultural Statistics, 189
Indian Standards Institution, 203
Indian Union, 312-15
Indo-Pak agreement on abducted persons, 123-
24
Indonesia question, 231
Industrial dispute, Dalmianagar arbitration for
the settlement of, 210-17; meaning of, 216
Industrial policy, 376-77, 381
Inflation, 377
Inter-Services Wing course, admission to, 35-36
Inter-Dominion Conference, 123
International Voluntaiy Service for Peace,
165
Interim President, election of, 152-56, 158-59,
161-62, 188, 190-91,270-75,292-93
Irish constitution, 402
Jagadishan, Prof. T.N., 290
Jagjivan Ram, 5, 339
Jain, S.P., 216-17
Jains, 174
Jaipur exhibition, 8
Jairamdas Doulatram, 25-28, 33, 105, 111-12,
114-15, 193, 197, 234-35
Jaleshwar Prasad, 61
Jammu and Kashmir, 325
Jankidass Ramgopal, 24
Jeejeebhoy, 212, 214, 216
Jha, Radhakant, 213
Jinnah, M.A., 64-65, 69
Joshi, G.M., 255
Joseph, Earnest, 356
Judges’ salary, question of, 107-11
Judiciary, 107-11, 113-14, 116,313, 327-30
Kabir, Humayun, 125-26
Kalelkar, Ka'ka Saheb, 89, 102, 122
Kalelkar Committee on Hindi Typewriters, 3-4,
31-33, 48
Kandla project, 60-61
Kanuga, Dr., 275
Kapadia, 126
Karkare, 253-54
Kashmir, abolition of jagirdari system in, 386
Keshava Dayal, 98, 104; case of, 39^0
Keskar, Dr. B.V., 291
Khaddar (Name Protection) Act, 1934, 62
Khaddar (Protection of Name) Bill, 1949, 202-3
Khaddar industry, protection of, 62-63, 66-67
Khadi Pratisthan, Sodepur, 50, 53, 57
Khadi work, moving of cotton for, 19
Khaitan, 20
Khandekar, 5
Khanna, Jugal Kishore, 362-63
Kharsawan, merger of, 265, 277-80, 286-88
Kidwai, Rafi Ahmed, 31, 59, 64, 134-36, 145,
147, 195-96, 198-99, 239, 268
Kishorlal, see Mashruwala, Kishorlal
Koenigsberger, Dr., 115, 295
Kripalani, J.B., 161
Krishnaballabh Babu, 278
Krishna Menon, V.K., 34, 43
Krishnamachari, T.T., 14-16, 20
Krishnamachari, V.T., 147
Krishnamurti, S., 249
Kshitish Babu, see Neogy, K.C.
Kumarappa, J.C., 186, 239
Labour Party, see British Labour Party
Labour tax, 285
Lady teachers, question of accommodation for,
176-77, 179
La), Ram Bachan, 358, 360
Language issue, 273-74
Lawrence, Lord Pethick, 34, 60, 347
Legislative Assembly, 319-20, 325-26
Legislative Council, 326
Legislative lists, 314
Liberty, 223-30
Lie, Trygve, 223, 233
Lohia, Dr. Rammanohar, 384
London Vegetarian Society, 60, 74
Madan, 290
Madan Lai, 252-57
Madras, Khaddar protection in, 63; zamindari
abolition in, 383
Mahajan, Hukam Chand, 296
Mahamaya, 349
Mahesh Prasad, 344
Malik, Chief Justice B., 107, 113-14, 116
Manbhum Basic Schools, 176-77
Maniben, 221
Mashruwala, Kishorlal, 49, 1 19, 246-49, 258,
261-62
Mathur, L.K., 181
Matthai, Dr. John, 39-40, 98, 103-4
Index
409
Mavalankar, G.V., .165-67, 169, 260-61
Medium of instruction, 368-69
Mehta, Hansa, 301
Mehta, S.N., 268
Menon, N.K., 95-96
Menon, V.P., 145-47, 150, 268
Meos, rehabilitation of, 70-72, 92, 99-101
Metric system, introduction of, 203
Migration, 345
Milch cattle trade, effects of, 26-27, 358-60
Military dairy, 27, 4445
Minorities, 149
Misra, Anand Mangal, 204-5
Misra, Pandit Prajapati, 278-79, 287
Mitter, Sir Brojendra, 224
Mokameh, construction of railway bridge at,
55-56
Mooketjee, H.C., 4-6, 10-11, 14-16
Mooketjee, Syama Prasad, 34, 17-18, 33, 48, 62,
65-68, 102, 196, 202-3, 239, 273
Mooketji, S.N., 162-63, 169, 348
Motilal, 213
Mott, Dean F.L., 12
Mujib, Prof., 168
Mukerjee (Mukhopadhyay), Tapaskumar, 35-
36 ■
Mukerji, P.B., 10, 35-36
Mukheijee, S., 343
Munshi, K.M., 266-67
Muslim League, 395
Muslim women, recovery of abducted, 129-30
Mysbergh, James H., 231
Nagarvala, 253-55
Nair, K.P.N., 289-90
Nanda, Gulzarilal, 371, 373-74
Narang, Arun Chandra, 80, 126
Narmada Prasad Singh, 135, 150; criminal case
against, 268
Natal Indian Congress, 90
Natal Provincial Conference, 245
National Convention of Students, 1949, 352
National Flag, 21, 300-1; standardising of, 137,
145; as trade mark, 20-25, 29, 36
National language, 168
National Planning Committee, 1938, 371
National Union of Students, 351-52
Nationalisation, 376-77
Nehru, Jawaharlal, 5, 8, 13-14, 16-18, 37-38,
72-73,84-87,91,95, 113-14, 116, 148-50, 152-
59, 161-62, 185, 188, 190, 195, 222, 233-34,
238, 243, 24648, 250, 257, 268, 270, 272-75
292,299-301,374,376-77,402
Nehru, Rameshwari, 88, 127
Neogy, K.C., 29, 36, 77, 98-99
Nepal, 106
Nizam, 299
Noethiger, Walter, 289
Noman, Mohd., 64-65, 68-69
Non-Communist-Left movement, 231-32
Non-violence, 12, 78, 151, 173, 259
North Atlantic Defense Alliance, 233
Objectives Resolution, 301
Occupancy rights, 385
Oldfield, Josiah, 60
Ordinance on the Recovery of Abducted Persons,
119-20, 122-25, 128
Orissa, zamindari abolition in, 385
Oudh and Tirhut Railwayman's Union, Annual
Conference of, 13, 16
Padmanabhan, K.V., 343
Pai, A.V., 295, 297, 341
Pakistan, creation of, 49
Panchayats, see Gram Panchayats
Pandey, S.D., 59
Pandit, Vijayalakshmi, 344
Panjabi, K.L., 194-95, 197
Parliament, 320-23; elections to, 340
Patel, H.M., 7, 9, 35-36, 97-98, 1 17, 126-27
Patel, Vallabhbhai, 5-7, 28-29, 35,91, 95-96, 137,
152-60, 185, 187-88, 190-91, 195, 221, 240,
24244, 246, 248-53, 257-58, 260, 262-63, 270,
272, 274-77, 280-82, 286, 289-93, 374, 377
Pathania, A.C., 130
Patil, S.K., 5
Pattabhi Sitaramayya, Dr., 5, 27, 40, 224
Penang Indian Chamber of Commerce, 29-30
People’s sovereignty, 301
Personal liberty, 222-30, 307-8
Pilani Flying Club, 59
Pindrajora Basic Training School, 176
. Pioneer Bank case, 103
Planning Body for India, 371, 373
Planning Commission, 188, 378-79; objectives
of, 372; tasks of, 378-79
Planters-Peasants issue, 92-95
Polak, H.S.L., 34, 39, 46, 59-60, 74, 83-84
170-71
Polak, M.H., 45
Political parties, organisation of, 395401
Prabhat Kumar vs. IV.T.C. Parker, 214
. Prasad, J.N., 282
Press, freedom of, 222, 224, 233-34, 246
President of India; impeachment of, 3 16; powers
410
Index
and functions of, 316-18; procedure for elec-
tion of, 315-16; protection given to, 3 1 6; quali-
fications of, 316; term of office of, 31b; see also
Interim President
Presiding Officers of Provincial Legislatures,
Conference of, 165-69
Privy Council, 84, 170-71
Property right, 309
Provincial Credentials Committee, 389-93, 399,
401
Public Service Commissions, 330-32
Punjab, cattle exports from, 1 12; tenancy rights
in, 385
Puri, Y.'K., 193
Purulia, 174
Raghuvira, Dr., 197
Rajagopalachari, C., 91, 152-56, 158, 161, 185,
187-88, 190-91, 238, 240-46, 248-50, 258-63,
269-74, 276-77, 281-82, 286, 289-90
Rajasthan, abolition of jagirdari system in, 386
Rajkrishna, Brahmachari, 1 17-18
Rajkumar, 245
Rajpura j Development Board, audit of the
accounts of, 146-47
Rajpura, employment of refugees in, 178; town-
ship scheme, 115-16, 132-34, 144, 165
Ramachandran, S., 20-23, 25, 29-30
Ramasubban, S.S., 121-22
Ramsubhag Singh, 344, 346
Ranga, N.G., 5
Rao, V.K.R.V., 375
Rao, V. Narahari, 146-47
Rashtriya Svawam Sevak Sangh (R.S.S.),
233-34
Rau, Sir B.N., 3, 6-7, 15, 20, 119-21, 148, 189,
34 M3
Rauf, Dr. M.A., 28, 40
Recardo. E., 56
Refugees, employment for, 1 78; rehabilitation of,
51-53,57-58,62, 70, 100
Religious broadcasts, 183
Religious freedom, 308
Rights, see Fundamental Rights
Rohtas Industries case, 210-17
Rohtas Industries Mazdoor Sangh, see Socialist ..
Union
Rolland, Romain, 78, 237
Rule of Law, 223, 307
Rulers, 370
Rup Chand, 172-73
Rupee’s devaluation, 166
Saba, Gyan, 104
Sahay, Anand Mohan, 77, 98-99
Sahay, Lala Hardeo, 26-27
Sahay, Krishna Ballabh, 352-53
Saksena, Mohanlal, 50-54, 58, 60-62, 70, 78, 90,
92, 99, 143-44, 178, 199
Sankey Declaration of Rights, 228
Sankrityayan, Rahul, 167
Santhanam, K., 13-14, 16, 19, 47-48, 53, 56, 89,
102-3, 180-81
Sarabhai, Mridula, 123, 127-28
Sarojini Devi, death of, 46
Sarkar, Sir Jadunath, 206, 208
Sarkaria, Lt.-Col., 44
Sarvodaya Conference, Wardha, 186
Sarvodaya Divas Samiti of Delhi, 8
Sarvodaya Samaj, 347
Sastri, Hariharnath, 210
Sastri, Prof. Nilakanta, 205-6
Satish Chandra, wedding invitation from, 179-
80
Satyagraha, 370
Satyanarain, M., 167
Saugar University, address by Dr. Rajendra
Prasad on the Third Annual Convocation of,
365-70
Savarkar, Vinayak Damodar, 253, 255
Savitri Devi, see Standenath, Frances
Secularism, 302
Security Act, 223-24
Sen, B.R., 43
Sen, H., 64
Sen, K., 63
Sen, Mira, 176-77
Seraikella, merger of, 265, 277-80, 286-88
Service Civil International, 41, 54, 71, 78
Shahi, Ganesh Prasad, 67
Shankar, V., 249, 254-55, 261
Sharma, P. Balkrishna, 92
Sharan, Chakradhar, 3, 5, 165, 237-39, 245, 282,
291-92, 294, 297, 351-52, 359-61, 363
Shastri, Hiralal, 240-42, 244, 270
Shastri, Vishva Bandhu, 87-88, 101, 125
Shiv Chandika, 345
Shri Ram, 69, 160
Shrinagesh, 124
Shrivastawa, Biharilal, 74
Shukla, R.S., 204, 268
Sikhs, 263; religious freedom to, 308
Silpasram, 174
Sind hi language, 184-85
Singh, A.P., 264-65
Singh, J.J., 43, 75, 231
Singh, Rani Subhag, 1 1-12 „ . -
Index
411
Singh, Sampat Kumar, 176
Sinha, Anugrah Narayan, 359, 361, 363
Sinha, Bhuwaneshwari Prasad, 76-77
Sinha, Deep Narayan, 13
Sinha, R.C., 291-92
Sinha, Sachchidananda, 207
Sinha, Satyanarayan, 10, 13, 91, 96, 158, 159,
162, 261,264,269,272,273
Sinha, Sri Krishna, 174-75, 265, 277, 280, 286,
288, 353, 360-61
Sinha, Virkishore Prasad, 97-98, 117, 126
Sita Ram, 179-80
Socialist Party, 37, 397-98
Socialist Union, 210-17
Socialists, 395
Society of Friends, 51-52
Society of Jesus, 9
South Africa, racial discrimination in, 90, 245
South-East Asia, communism in, 231-33
South-East Asia League of America, 231-32
Standenath, Frances, 12, 49, 80, 1 19
State governments, 323-26
State language, 303-4
State legislatures, 325-26
States, 312
“Stop-War” movement, 78, 237
Strike, 214-15
Subsidiary Food Production Committee, 69,
160
Sukhatma, P.V., 189
Sundaram, K., 341
Sundaram, K.V.K., 342
Suppression oflmmoralTraffic Act, 124-25, 131
Supreme Court, 84; composition of, 327; inde-
pendence of, 329; jurisdiction of, 328-29;
tenure of judges of, 327-28
Suraj Singh, 213
Tandon, Purushottamdas, 187, 266
Tara Chand, Dr., 42, 46, 54, 101, 125, 151-52
173, 181-83, 206-8
Tara Singh, Master, 263
Tawan, 94
Thadani, Dr. N.V., 184-85
Thakkar, A.V., 119, 120
Thapar, P.N., 200, 202
Thapar, Premvati, 130
Thomas, Cherian, 200
Tibet, 106; mutilation of Indian images in, 79
Tmkatia system, 82, 92-94
Tourist car charges, 180-81
Trade mark, Gandhi’s name and posture used as.
20-25, 29-30, 36
Trivedi, Devidecn, 31
Ubani, B.A., 131-32
Union, see Indian Union
Union of South Africa, 299
Union-States relations, 314-15
Union subjects, 340-41
United Nations, 121
Unesco, 151-52, 173
United Provinces, zamindari abolition in, 383-84
United States of America, 348; Agricultural
Extension Service in, 235-36; agriculture in,
11; federalism in, 313
United Students’ Organisation, Allahabad, 291
Universities Commission, report of, 181-82
University of Saugar, Third Annual Convoca-
tion of, 365-70
Untouchability, abolition of, 306-7
Upadhyay, Ram Saran, 175, 179
Varma, Badrinath, 351
Varma, P.L., 201
Venkata Rao, Kala, 209, 286, 288, 333, 389
Verma, Ramji Prasad, 344-46
Verman, Lai C., 204
Vice-President of India, 318; election of, 318
Vidyalankar, Jaychandra, 163, 167
Village Administration Act, 1922, 283-86
Village courts, see Gram Kachchari
Village Volunteer Force, 284
Vinoba Bhave, 89, 103, 122, 246-47,251
Vishveshvaranand Vedic Research Institute,
87-89, 101-2, 125-26
Voting right, 369
Wadhwani, Kishanchand Rupchand, 7
Watch and Ward Union, 21 1-12
Wells, H.G., 228
West Bengal, zamindari abolition in, 384
Wilson, M.L., 236
Wilson, Woodrow, 301
Women, recovery of abducted, 127-31
World Pacific Conference, Santiniketan, 172-73
Young Conservative Movement, 398
Zakir Husain, Dr., 351
Zamindari, abolition of, 377, 379-80, 382-87
Zamindari Abolition Fund, 384
Zink, Dr. Harold, 224'
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